G/LIC/N/3/AUS/16  
 
5 October  2023 
(23-6625) Page: 1/78 
Committee on Import Licensing  Original: English  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT  
ON IMPORT LICENSING PROCEDURES (202 3) 
AUSTRALIA  
The following communication, dated 29 September 202 3, is being circulated at the request of the 
delegation of Australia.  
 
_______________  
 
 
Table of contents  
 
1   ANIMALS (INCLUDING BIRDS, MARINE ANIMALS AND INSECTS) AND ANIMAL 
PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN  .........................  2 
2   ANZAC GOODS  ................................ ................................ ................................ ............  5 
3   ASBESTOS  ................................ ................................ ................................ ..................  7 
4   CAT AND DOG FUR PRODUCTS  ................................ ................................ ..................  10 
5   CHEESE, CERTAIN TYPES  ................................ ................................ ..........................  11 
6   CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS  ................................ ... 14 
7   COUNTERFEIT CREDIT CARDS  ................................ ................................ ..................  17 
8   DOG COLLAR – PROTRUSION  ................................ ................................ ...................  18 
9   FLAGS, ARMS AND SEALS  ................................ ................................ .........................  19 
10   GENETICALLY MODIFIED ORGANISMS  ................................ ................................ ... 22 
11   HAZARDOUS GOODS  ................................ ................................ ...............................  25 
12   HAZARDOUS WASTE  ................................ ................................ ...............................  28 
13   ICE PIPES  ................................ ................................ ................................ ...............  30 
14   IMPORTS TO ANTARCTICA  ................................ ................................ .....................  32 
15   IMPORTS TO TERRITORY OF HEARD ISLANDS AND MCDONALD ISLANDS  ..............  34 
16   INDUSTRIAL CHEMICALS  ................................ ................................ .......................  36 
17   ROAD VEHICLES  ................................ ................................ ................................ ..... 39 
18   NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS  ........  42 
19   OBJECTIONABLE GOODS  ................................ ................................ ........................  44 
20   ORGANOCHLORINE CHEMICALS  ................................ ................................ .............  47 
21   OZONE -DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  ...............  48 
 
1 See document G/LIC/3, Annex, for the Questionnaire.  G/LIC/N/3/AUS/16  
 
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  22   PLASTIC EXPLOSIVES ................................ ................................ .............................  52 
23   RADIOACTIVE SUBSTANCES  ................................ ................................ ...................  55 
24   ROUGH DIAMONDS  ................................ ................................ ................................ . 57 
25   SECURITY SENSITIVE AMMONIUM NITRATE  ................................ ..........................  59 
26   TABLET PRESSES AND ENCAPSULATORS  ................................ ................................  61 
27   THERAPEUTIC SUBSTANCES AND GOODS  ................................ ...............................  63 
28   TOBACCO PRODUCTS  ................................ ................................ ..............................  65 
29   UNMANUFACTURED TOBACCO LEAF  ................................ ................................ ........  67 
30   VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES  ................................  69 
31   WEAPONS AND CROWD CONTROL GOODS  ................................ ..............................  71 
32   WOOLPACKS  ................................ ................................ ................................ ...........  73 
33   ELEMENTAL MERCURY  ................................ ................................ ............................  76 
 
1  ANIMALS (INCLUDING BIRDS, MARINE ANIMALS AND INSECTS) AND ANIMAL 
PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN  
Outline of System  
1. The Environment Protection and Biodiversity Conservation Act 1999  (EPBC Act) regulates 
international trade in Australian native species, live animals and plants, and species listed under the 
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  
The Biosecurity Act 2015  (Biosecurity Act) applies controls to the importation of all plants, parts of 
plants and plant products, all animals (including birds, marine animals and insects), animal products, 
soil and other items of biosecurity  risk. 
Sections of the Customs (Prohibited Imports) Regulations 1956  (PI Regulations) control the 
importation of some animals and plants.  
Purposes and coverage of licensing  
2. Apart from controlling the export  of most Australian native animals and plants , the EPBC Act 
regulates:  
• the import of all live animals and plants, including marine animals  
• the import of non -live animal and plant specimens, including parts and derivatives, of species 
listed under CITES.  
The purpose of Australia's biosecurity legislation is to manage the risk of introduction of pests and 
disease that could damage plant, animal or human health or the environ ment. Australia's biosecurity 
legislation applies to the importation of all plants, an imals and their products and derivatives.  
The PI Regulations  control the importation of fish caught by foreign -based fishing vessels and 
Patagonian and Antarctic toothfish. The PI Regulations also control the import of raw tobacco and 
certain plant materia ls containing drugs.  
3. These systems apply to the importation of goods from all countries.  
4. The EPBC Act seeks to implement Australia's obligations under CITES, by regulating international 
trade in wildlife and wildlife products, to contribute to the pr otection and conservation of species 
that are endangered, or could become endangered, and to facilitate legal, sustainable trade in 
wildlife. The EPBC Act is not intended to restrict the quantity or value of imports.  G/LIC/N/3/AUS/16  
 
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  The biosecurity legislation is not inte nded to restrict the quantity or value of imports but to manage 
the risk of introduction of exotic pests and diseases associated with importation for the purpose of 
protecting plant, animal and human health and the environment. The legislation also seeks t o protect 
the Australian environment against further establishment of pest species of plants and animals by 
controlling the importation of certain live plants, animals and other biological material.  
5. The controls on the importation of goods specified in  this category are statutory requirements 
under the following legislation:  
• Environment Protection and Biodiversity Conservation Act 1999 ; 
• Environment Protection and Biodiversity Conservation Regulations 2000 ; 
• Biosecurity Act 2015 ; and  
• Customs (Prohibited Imports) Regulations 1956 . 
 
The Department of Agriculture, Fisheries and Forestry (DAFF)  is responsible for administration of the 
Biosecurity Act . The Department of Climate Change, Energy, the Environment and Water (DCCEEW), 
is responsible for the administration of the EPBC Act  and regulation s, and t he Department of Home 
Affairs is responsibl e for administration of the PI Regulations.  
The legislation does not allow for administrative discretion regarding goods/items subject to import 
controls. It is not possible to abolish the systems without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Applications should be made well in advance of arrival of the goods to allow time for the 
application to be assessed against the legislation and the relevant import policy. Under the 
EPBC Act, once a permit application is received, there is a 40 -business day statutory timeframe 
in which a decision regarding the application must be made. Not all goods require an import 
permit and clearance to import can be given at the point of entry provided the import 
conditions have been met. The Biosecurity Act do es not prescribe a specific period of notice 
required but does note that relevant regulations may prescribe different requirements for 
notices for different classes of goods.  
(b) In the case of most importations in this category it will not be possible for permission to be 
issued immediately on request.  
(c) No, permits may be issued at any period of the year.  
(d) Applications for permission to import most animals, animal products, plants and plant products 
into Australia may involve an approach to two agencies,  – DAFF and DCCEEW . 
 
8. An application to DAFF or DCCEEW  for an import permit may only be refused under the ordinary 
criteria for such applications. Reasons for refusal will be advised. There are legislated structures in 
place that allow ap plicants to request a review of a decision to refuse to grant an import permit.  
For permit decisions under the EPBC Act, applicants may appeal on the merits of the decision to the 
Administrative Appeals Tribunal (AAT). Alternatively, an appeal may be made on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
The Biosecurity Act provides DAFF with an option to apply a fit and proper person test to import 
permit appli cants and their associates. The test supports the trust placed on importers who are 
granted import permits. Not all permit applicants will be subject to a fit and proper person test - this 
test will only be used at DAFF's discretion.  It is important to not e that applying for an import permit 
does not automatically result in an import permit being issued.  
 G/LIC/N/3/AUS/16  
 
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  9.(a) Not applicable  
(b) All Australian persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. Applications for permission to import  must be made electronically for all commodities through 
the Australian Government 's Biosecurity Import Conditions  (BICON ) database . Conditions for 
imports into the Australia n external territories of Norfolk Island, Christmas Island and the Cocos 
(Keeling) Islands are not contained in BICON. For information about all imports into these Australian 
external territories, please visit http://www.agriculture.gov.au/import/goods/external -territories . 
Importers should consult the BICON database  to determine if a commodity intended for import to 
Australia needs an import pe rmit and/or treatment or if there are any other biosecurity prerequisites. 
Permits must be obtained prior to importation and are required on importation. Applications for 
permits may be lodged electronically via the BICON database 
(https://bicon.agriculture.gov.au/BiconWeb4.0 ). Other documentation required  for imports  is 
dependent on the type of commodity and the import conditions of the permit or as listed on the  
BICON database. For the import of CITES listed specimens, both CITES export and import permits 
are generally required upon importation. The import of live specimens may also require an import 
permit.  
Where the importation of the item is listed under CITES , applications for permission to import must 
be made electronically to the Minister for the Environment  and Water . The link to the application 
form can be found at: https://onlineservices.environment .gov.au/ . 
11. Where the importation of the item comes under the jurisdiction of DAFF,  an Australian import 
permit is required  in most cases , however some exemptions do exist for specimens considered to 
be personal or household effects , or if they are pre -CITES and non-live. In most cases of CITES -
listed specimens, CITES documentation from the country of export is required. Original documents 
must travel with the goods.  
12. Information on import permit fees and charges may be found at: 
https://www.agriculture.gov.au/biosecurity -trade/import/online -services/bicon/fees -import -
permits  and https://www.dcceew.gov.au/environment/wildlife -trade/permits/fees .  
13. There is no deposit or advance payment requirement associa ted with the issue of licen ces, 
although assessment fees apply for most DAFF and DCCEEW permit applications. An application 
(processing) and assessment fee for a DAFF and DCCEEW permit is charged automatically when a 
permit application is submitted online. Fees are only refundable if it is found at assessment that a 
permit was not required .  
Conditions of licensing  
14. The period of validity of a permit depends on the nature of th e importation: specific details to 
be supplied on enquiry. Legislation will normally not allow for continuing permission. Individual 
assessments of permit applications will determine the appropriate validity period, which is generally 
one or two years for biosecurity permits , and some standard permits valid for five years . From time 
to time, a permit will be issued with a different validity, such as short -term importation of artefacts 
for a museum exhibition. CITES permits are valid for up to six months. Th e period of validity cannot 
be extended.  
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Biosecurity import permits are not transferrable between importers. Permits issued under the 
EPBC Act may be transferred unde r very limited circumstances.  
17. Biosecurity import permits often have specific conditions such as end-use restrictions placed on 
the goods (e.g., for human consumption only) and/or types of treatments the  goods have to undergo 
prior to or after the goods  arrive in Australia (e.g., product has been heat treated at 100 degrees 
Celsius for 30 minutes).  G/LIC/N/3/AUS/16  
 
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  (a)  Not applicable.  
(b)  Conditions may be applied in respect of such issues as custody, end use, disposal or 
distribution of imported goods as well as pre -export treatment, testing, certification or  
on-arrival treatment or quarantine.  
Other procedural requirements  
18. No.  
19. Not applicable.  
2  ANZAC GOODS  
Outline of System  
1. Importation into Australia of goods the description of which includes or bears the wo rd ‘Anzac ', 
or advertising matter relating to those goods, is controlled by the Customs (Prohibited Imports) 
Regulations 1956  (PI Regulations ) and  is prohibited except with the written permission of the 
Minister for Veterans' Affairs (the Minister) or an a uthorised officer.  
A person making an application to import 'Anzac ' goods under the PI Regulations will also need to 
apply to use the word 'Anzac ' under the Protection of Word 'Anzac ' Regulations (Anzac Regulations ). 
The Department of Veterans' Affairs (DVA) issues the Use of the Word 'Anzac' Guidelines (the 
Guidelines) to help Australians comply with the legal restrictions on the use of the word 'Anzac'.  
For more information about use of the word 'Anzac', visit Protecting the word Anzac , or contact: 
usewordanzac@dva.gov.au . 
Purposes and coverage of licensing  
2. Licensing system maintained, and products covered include: the Anzac Regulations and the PI 
Regulations.  
The purpose of Regulation 4V of the PI Regulat ions is to prohibit the importation of all goods into 
Australia that include or bear the word 'Anzac ', unless: the person importing the goods is the holder 
of a written permit granted by the Minister or an authorised officer; and the permit is produced at 
or before the time of importation. The Minister or an authorised officer may specify conditions or 
requirements to be complied with by the holder of the permission or permit to import 'Anzac ' goods, 
and may, for any such condition or requirement, specify a  time period before the permission expires. 
The Minister or an authorised officer may revoke permission where the conditions of the permit are 
not met.  
In certain circumstances, provid ed the goods obtain approval status, importers are able to obtain 
retros pective import approval after the goods have arrived in Australia. However, if the 'Anzac ' goods 
in question do not receive ministerial approval they may be detained or seized by the 
Australian  Border Force (ABF).  
3. The regulation applies to the importation of goods from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports. The PI Regulations, 
in conjunction with the Anzac Regulations, seek to protect the inappropriate use and commercial 
exploitation o f the word 'Anzac ' and to protect the significance of the word.  
5. The controls on the importation of 'Anzac ' goods are statutory requirements and cannot be 
abolished without legislative approval.  There are two regulations under which the word 'Anzac ' is 
protected in Australia : Anzac Regulations  and PI Regulations . G/LIC/N/3/AUS/16  
 
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  Procedures  
6. Not applicable.  
7.(a)  An application for the importation of 'Anzac ' goods into Australia should be made well in 
advance of the arrival of the goods. Permit applications may take up to four weeks for the 
process to be completed and to be notified of an outcome.  On rare occasions this may increase 
beyond four weeks, particularly around peak times leading up to Anzac Day or because of the 
checks made on the individual or company a pplying to import the 'Anzac ' goods. Checks are 
also undertaken on the nature of the goods and their intended use.  
The importation of 'Anzac ' goods is prohibited without written approval from the Minister or 
an authorised officer. Goods that arrive into po rt without ministerial approval may be detained 
or seized by the ABF.  
In addition to the PI Regulations, the Anzac Regulations prohibit the use of the word 'Anzac ' 
or any word resembling the word 'Anzac ' in connection with any trade, business, calling, or 
profession without the Minister or an authorised officer's written approval. Persons applying 
to import  'Anzac ' goods may also re quire written consent to use the said 'Anzac ' goods under 
the Anzac Regulations.  
(b) A permit cannot be granted immediately on request as certain conditions must be fulfilled. 
Processing and assessing applications include  extensive checks and the preparation of a brief 
for the Minister's consideration and decision.  
(c) Applications can be made at any time of the year.  
(d) The DVA issues permits for the importation of 'Anzac ' goods in accordance with Regulation 4V 
of the PI Regulations, and Permission to Use Word 'Anzac ' in accordance with the Anzac 
Regulations. When considering permit applications, other authorities may be contacted by the 
DVA to verify application details.  
8. An application for a permit may be refused if: the Minister considers that approving the application 
would cause offence; use of the word 'Anzac ' on the imported goods is inappropriate; the application  
does not fall within the intent of the ANZAC Regulations , e.g., the use of the word 'Anzac ' on an 
inappropriate product; the applicant is not considered fit and proper; or further permission is 
required but has not been obtained. A permit may be revoked i f the applicant fails to comply with 
the conditions of the permit.  
An unsuccessful applicant is advised in writing of the Minister's decision and the reason for it. There 
are no appeal provisions under the Regulations; however, the Minister will consider a  request for 
reconsideration if the applicant is able to provide new information in support of their application. In 
addition, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligib ility of importers to apply for licence  
9.(a) Any person, firm or institution is eligible to apply to the Minister to import 'Anzac ' goods.  
(b) Not applicable  
Documentation and other requirements for application for licence  
10. An application can be submit ted using form D9363 Application for Approval to use the word 
'Anzac ' available on the DVA website. Every application is considered on its individual merits and if 
additional information is required the applicant will be contacted.  
Applications should incl ude, but are not restricted to:  
• name of the applicant/importer (person and organisation) ; 
• name and address of registered company/premises ; G/LIC/N/3/AUS/16  
 
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  • nature of the business and purpose of the proposed 'Anzac ' goods ; 
• a current copy of the company Australian Business Number (ABN) or Australian Company 
Number (ACN) registration ; 
• product description, full colour copy of item and text ; 
• letters of support from the ex -service community ; 
• proposed date of import ; 
• the duration permit is required ; and  
• where applicable,  the name of the end user and the use of the end goods.  
11. The signed permit is required at the time of importation.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue o f licen ces. 
Conditions of licensing  
14. The period of the import permit is specified in the permit issued to the applicant and is based on 
the requirements of each application. Unless otherwise noted, an import permit is required for every 
delivery.  
The pe riod of an existing permit cannot be extended, but a new permit may be issued upon request 
to the Minister.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licen ce. 
16. Permits/licences are not transferable between importers.  
17.(a) Not applicable . 
(b)  Not applicable.   
Other procedural requirements  
18. No.  
19. Not applicable.  
3  ASBESTOS  
Outline of System  
1.  Under the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), the importation of 
asbestos, or goods containing asbestos, is subject to prohibition. The regulations empower the Work 
Health and Safety Minister (the WHS Minister) administering the  Work Health and Safety Act  2011 
(WHS Act) to grant permission to import asbestos in certain circumstances.  
Purposes and coverage of licensing  
2.  Under the PI Regulations, the importation of asbestos, or goods containing asbestos, is prohibited 
unless:  
(a) The asbestos or goods containing asbestos are hazardous waste as defined in Section 4 of the 
Hazardous Waste (Regulation of Exports and Imports) Act 1989  (Hazardous Waste  Act). Goods 
of this type must be imported in accordance with the provisio ns of the Hazardous Waste  Act; 
(b) The goods are raw materials containing naturally occurring traces of asbestos; or  
(c) Permission has been granted by the WHS Minister for one or more of the following purposes:  
i)  in any case: research, analysis or disp lay; G/LIC/N/3/AUS/16  
 
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  ii)  if the importation is from and Australian external territory : disposal in a mainland state 
or territory; or  
(d) A confirmation from an authority of an Australian state or territory is in force stating that the 
proposed use of the asbestos or good s is research, analysis or display in accordance with WHS 
laws of that State  or territory ; or 
(e) The importation is of a ship or resources installation and all of the following apply:  
i)  of at least 150 gross tonnage as shown on the International Tonnage  Certificate;  
ii)  the asbestos was installed or affixed before 1 January 2005;  
iii)  the asbestos in the ship or resources installation will not be a risk to any person unless 
it is disturbed.  
Asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or 
amphibole groups of rock forming minerals including the following:  
(a)  actinolite asbestos ; 
(b)   grunerite (or amosite) asbestos (brown) ; 
(c)   anthophyllite asbestos ; 
(d)   chrysotile asbestos (white) ; 
(e)   crocidolite asbestos (blue) ; 
(f)   tremolite asbestos ; and  
(g)   a mixture that contains one or more of the minerals referred to in paragraphs (a) to (f).  
 
3. The regulations apply to the importation of goods from all countries.  
4. The importation of all f orms of asbestos is regulated as a community and workplace safety 
measure. The importation of asbestos is subject to prohibition to reduce and prevent occupational 
and environmental exposures to asbestos fibres, and the possible adverse health outcomes 
attributed to these exposures. In addition to the prohibition of the importation of asbestos, the use 
of asbestos is prohibited in all Australian state, territory and Commonwealth work health and safety 
regulations. The import prohibition applies to all goods  that contain asbestos regardless of their 
value.  
5. The control on importation of asbestos and goods containing asbestos is a statutory requirement 
under Regulation 4C of the PI Regulations made under the Customs Act 1901  (Customs Act) . The 
system cannot be abolished without legislative approval.   
Procedures  
6. Not applicable.  
7.(a)  Permission to import must be obtained before shipment to Australia.  
(b) A request for permission to import asbestos can be made at any time by writing to the Minister 
administering the WHS Act, or to the CEO of the Asbestos Safety and Eradication Agency (the 
Agency) who is authorised by Ministerial instrument to grant permission  in some instances. 
Upon consideration of the request, the Minister or authorised person will reply to the applicant.  
(c) Permission to import may be granted at any period of the year.  
(d) Consideration of licence applications is affected  by the Asbestos S afety and Eradication 
Agency. The Agency consults with the  Department of Employment and Workplace Relations 
(DEWR) , which has responsibility for the WHS Act.  The WHS Minister is briefed by the Agency 
or the DEWR  in relation to applications that are complex  or not routine in nature. Otherwise, 
the delegated decision maker is the CEO of the Agency . Permission to import may be granted 
for a one -off import or for an ongoing period, as decided by the WHS Minister or CEO of the 
Agency . 
8. Applications for permiss ion to import asbestos are risk -assessed on a case -by-case basis. The act 
of applying for permission does not guarantee permission will be granted.  G/LIC/N/3/AUS/16  
 
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  There are no specific appeal provisions in relation to asbestos available under the PI Regulations. 
However,  an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply fo r permission to import asbestos.  
Documentation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to the WHS Minister or to the 
CEO of the Agency. The application should include the followi ng information:  
• importer's name, if applicable – previous import permit,  type of organisation or business, 
Australian Business Number (ABN), website, email address, address and phone number, as 
well as those details for a representative;  
• details of the asb estos or goods containing asbestos to be imported including the reason or 
purpose for the importation, where the asbestos or goods containing asbestos are to be 
imported to and  from, the amount of asbestos intended to be imported , and frequency of 
importation ; 
• details of the procedures to be used to package, label, handle, transport and dispose of the 
goods , and any relevant management plans as required , including whether they are compliant 
with relevant laws;  
• where applicable – evidence that a laboratory where research will be undertaken has 
appropriate accreditation ; 
• where applicable – that relevant WHS regulator approval has been obtained ; and 
• an assurance the applicant will comply with relevant Commonwealth and state/territory 
legislation rel ating to the use, handling, transport, and disposal of asbestos.  
Relevant information for applicants is available at the website of the Asbestos Safety and Eradication 
Agency (Australian Government) . 
11. The import permission of the relevant Minister or authorised person is to be available for 
presentation to the Australian Border Force ( ABF) at the point of importation. Asbestos must be 
declared as present in the goods whe n lodging the import entry.  
12. No.  
13. No.  
Conditions of licensing  
14. The WHS Minister and authorised person (CEO of the Agency) have discretion as to the period 
of validity of a  permission . Import permissions are single use or they may be for ongoing us e for a 
period specified in the permission letter, depending on the applicant's requirements.  
15.  Not applicable.  
16.  Not transferable.  
17.(a)Not applicable.  
(b)  The WHS Minister or authorised person may only grant permission to import asbestos:  
- in any case, for the purpose of research, analysis or display, or  
- in the case of (Australian) external territories, for disposal on the mainland.  G/LIC/N/3/AUS/16  
 
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  Permission to import asbestos is granted conditional on it only being for one or more of these 
purposes, as spe cified in the permission letter. The WHS Minister or authorised person has discretion 
to attach other conditions, such as compliance with relevant laws in relation to asbestos.  
Conditions are to ensure compliance with the asbestos border control and to red uce the risk of 
exposure of asbestos fibres to humans from the asbestos in the goods.  
Other procedural requirements  
18. In some states a person is required to seek permission to use asbestos from the relevant WHS 
regulator. It is a requirement that permiss ion be sought prior to the granting of import permission.  
19. Not applicable.  
4  CAT AND DOG FUR PRODUCTS  
Outline of System  
1. The importation of cat and dog fur and goods made from or using cat or dog fur is prohibited 
under provisions of the Customs Act 1901 (Customs Act ) and the Customs (Prohibited Imports) 
Regulations 1956  (PI Regulations) unless the permission of the Minister  for Home Affairs, or an 
authorised person, has been obtained.  
Purposes and coverage of licensing  
2. The goods covered by this control include raw, tanned or processed furs or pelts, and goods that 
may contain such fur, that are derived from the cat and do g species listed below. These species are 
more commonly referred to as domestic cat and dog breeds.  
• cat fur - the pelt or hair of an animal of the species Felis catus ; 
• dog fur - the pelt or hair of an animal of the species Canis familiaris ; and  
• cat or dog fur product - a product or other thing that consists, wholly or partly, of cat or dog 
fur. 
The relevant Harmonised Commodity Description and Coding System tariff numbers  include various 
lines, but are not limited to; 4103.90, 4301.80, 4301.90, 4302.19, 4302.20, 4302.30, 4303.10 and 
4303.90.  
3. The system applies to importations from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of  imports. The importation 
of cat and dog fur products is regulated in response to animal welfare concerns.  
5. The control on the specified goods is a statutory requirement under Regulation 4W of the PI 
Regulations made under the Customs Act . The control ca nnot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a) Application should be made in advance of arrival of the goods. Import permission can be 
considered for goods which have inadvertently arrived in Australia.  
(b) No. 
(c) No. G/LIC/N/3/AUS/16  
 
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  (d) Permissions are granted by the Minister for Home Affairs or an authorised person. Importers 
may also need to approach the Department of Agriculture , Fisheries and Forestry  (DAFF)  for 
permission to import cat or dog fur or products thereof.  
8. Apart fro m statutory or ordinary requirements there are no other criteria. Reasons for refusal are 
given to applicants. Applicants refused permission to import may appeal on the merits of the decision 
to the Administrative Appeals Tribunal. Alternatively, an appeal  may be made on the  
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised person. 
The application should include the following information: importer's name and address and details 
of the goods to be  imported.  
11. The original permission from the Minister for Home Affairs or authorised person is required to 
be produced upon importation.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement assoc iated with the issue of licen ces. 
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licen ce. 
16. Permits/licences are not transferable between importers.  
17. Conditions may be imposed on the permit. Quantitative limits, where appropriate, are specified 
as conditions.  
Other procedural requirements  
18. No.  
19. Not applicable.  
5  CHEESE, CERTAIN TYPES  
Outli ne of System  
1. Australia administers a tariff quota on imports of certain types of cheese and curd. Under the 
Cheese and Curd Quota Scheme the tariff quota applies to certain types of cheese and curd that can 
be imported at a concessional rate of duty ($0 .096/kg) and is restricted to 11,500 tonnes per annum. 
Imports can be made outside the 11,500 -tonne quota allocated each year, but a higher rate of duty 
($1.220/kg) applies.  
Purposes and coverage of licensing  
2. No licensing system is maintained for out -of-quota cheese imports. For in -quota cheese imports, 
individuals or companies which have historically imported dutiable cheese under quota are allocated 
a share of the tariff quota, allowing them to import a quantity of cheese at the concessional rate of 
duty. Individuals or companies who do not have a share of the tariff quota may still import cheese 
at the out -of-quota tariff rate. The products covered by the tariff quota are as follows:  G/LIC/N/3/AUS/16  
 
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  Number 0406  Product type  
Cheese and Curd  Rate of Duty  
0406.10  Fresh (un -ripened or uncured) cheese, including whey cheese, 
and curd  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.20  Grated or powdered cheese, of all kinds  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.30  Processed cheese, not grated or powdered  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.40.10  Blue-veined cheese:  
 - Roquefort, Stilton  Free (c)  
 
0406.40.90  Blue-veined cheese:  
 - Other  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.90.10  Other Cheese:  
 - Cheese, of the following types:  
  ● made wholly from goats' milk, other than feta or 
kasseri  
  ● surface -ripened soft, having:  
  ● a fat content in the dry matter of not less than 
50% by weight, and  
  ● a moisture content of not less than 65% by 
weight of the non -fatty matter  Free (c)  
 
0406.90.90  Other Cheese:  
 - Other  
  ● includes Cheddar, Colby, Edam, Gouda, Havarti, 
Parmesan, Kasseri, Mozzarella, Provolone, Feta  $A0.096/kg (a)  
$A1.220/kg (b)  
 
(a)   Rate for cheese imported within the tariff quota.  
(b)  Out of quota rate for cheese imported in excess of tariff quota amount.  
(c)   Not subject to the tariff quota. Included in table only to indicate coverage of residual tariff 
item ( "other "). 
Note:  The rate for developing countries is as shown in the table above, less 5% of the customs 
value (fob price) of the product.  
3. The scheme applies to cheeses originating in and coming from all countries. the Scheme does not 
apply to cheese and curd products that are:  
 
• of Australian origin ( e.g., returned Australian goods) ; 
• of a preference country of origin ( e.g., under a Free Trade Agreement) ; and  
• subject to a free rate of duty under Schedule 3 of the Customs Tariff Act 1995 . 
4. The licensing system is used to administer the tariff quota.  
5. The licensing system is maintained under the Customs Act 190 1 (Customs Act)  and the Customs 
Tariff Act  1995. The system cannot be abolished without legislative approval.  
Procedures  
6.-I. The names of annual tariff quota holders and their quota allocation are made public through 
publication in the Commonwealth of Au stralia Gazette.  
II. The size of the tariff quota is 11,500 tonnes per annum. The allocation of the tariff quota to 
individual importers occurs on an annual basis.  
III. Tariff quota allocations to individuals or companies are based on historical trade perf ormance 
in the importation of cheese under quota. No tariff quota is allocated on the basis of domestic 
production of like product. Unused portions/amounts of the tariff quota allocation are not 
added to the tariff quota for the following year.  
IV.-VI. Not applicable.  G/LIC/N/3/AUS/16  
 
- 13 - 
 
  VII. The Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for the policy 
framework of the Cheese and Curd Quota Scheme, with the Australian Border Force (ABF) 
administering the scheme on behalf of DAFF.  
VIII. Tariff quot as are allocated to importers on the basis of historical trade performance involving 
quota usage. The allocations of the cheese and curd quota are made to importers in July each 
year based on the actual usage of quota to import cheese and curd in the 23 mo nths ending 
31 May of that same year. New importers are able to acquire tariff quota allocation on transfer 
from an existing holder of tariff quota.  
IX. Not applicable.  
X. Not applicable.  
XI. No. 
7. Not applicable.  
8. No circumstances exist for refusal to make an allocation beyond failure to meet the standard 
criteria.  
Allocations are made only in accordance with a Determination made in pursuance of Section 273B 
of the Customs Act , and published documentation such as relevant Australian Customs  Notices  
issued by the ABF . Allocations of quota to new parties are enacted by  transfer by use of an approved 
form.  
The fixed annual amount of quota available for distribution is allocated to existing quota holders 
according to each quota holders' previous import history of use of quota in the 23 months ending 
31 May prior to the ne xt financial year allocation. The scheme does not provide for direct applications 
for quota and does not have a licensing system as such.  
The ABF has no record of refusals to make an allocation.  
All decisions of an administrative nature are appealable on a case -by-case basis under the 
Administrative Decisions (Judicial Review) Act . 
Eligibility of importers to apply for licence  
9.(a) Only those firms that have a history of trade performance in impo rting cheese under quota 
are allocated a share in the tariff quota. The allocation of the tariff quota is made on the basis 
of historical trade performance. Firms are free to transfer their tariff quota allocation.  
(b) Not applicable.  
Documentation and oth er requirements for application for licence  
10. Applications are not required. Eligible importers are advised of their entitlement based on the 
ABF records of import entries lodged during the preceding base period.  
11. No quota specific document is require d on importation. Product is entered into Australia under 
quota by use of unique Tariff Quota Numbers and security codes on Customs import clearance 
documentation (electronic or manual).  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licen ces. 
Conditions of licensing  
14. Twelve -month period with no extensions.  G/LIC/N/3/AUS/16  
 
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  15. There are no official penalties for individuals or companies that do not utilise their allocation. 
Howe ver, since allocations are based on historical trading performance, future allocations may be 
reduced for individuals or companies that do not utilise their allocation.  
16. Tariff quota allocations can be transferred between individuals and companies witho ut limitation. 
However, transfer transactions do not count as trade performance for the purpose of quota 
allocation.  
17.(a)  No. 
(b) No.  
Other procedural requirements  
18. No.  
19. Not applicable.  
6  CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS  
Outline of S ystem  
1. The importation into Australia of prescribed goods containing a chemical compound, or a chemical 
compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 of the 
Customs (Prohibited Imports) Regulations 1956  (PI Regulatio ns), from a country that is not a State 
Party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of 
Chemical Weapons and on their Destruction  (Chemical Weapons Convention) , is prohibited under 
Regulation 5J of the PI R egulations.  
The importation of prescribed goods containing a chemical compound, or a chemical compound 
belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 of the PI Regulations 
from a country that is a State Party to the Chemical Wea pons Convention or mentioned in Part 4 of 
Schedule 11 of the PI Regulations, is prohibited unless:  
• the Minister for Foreign Affairs  or an authorised person has given permission in writing to 
import the goods. The Minister  for Foreign Affairs  has authorised the positions of Director 
General and Assistant Secretary of Australian Safeguards and Non -Proliferation Office (ASNO) 
to grant permits; and  
• the permission is produced to the Australian Border  Force  (ABF) . 
These prohibitions do not apply to chemicals listed in Part 3 (except Items 1, 2 or 3) or Part 4 of 
Schedule 11 where they are in concentrations of less than 10% by weight of the goods, and there 
are no other Part 2, 3 or 4 chemical compounds in the goods. Such goods may be imported from 
both State Parties and non -State Parties without requiring a permit.  
Purposes and coverage of licensing  
2. Chemical compounds as mentioned in Part 2 or 3 of Schedule 11 of the PI Regulations from a 
country that is a State Party t o the Chemical Weapons Convention and all Part 4 chemicals are 
regulated by a permit system. A permit must be granted by the Minister for Foreign Affairs or an 
authorised person and produced to the ABF.  
3. The regulations apply to the importation of goods from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports. Australia is a 
Party to the Chemical Weapons Convention (CWC), and amongst other things, this treaty requires 
State Parties to declare trade in CWC -Scheduled chemicals, and to impose trade restrictions on 
transfers of the more toxic chemicals listed in Part 2 and 3 to non -State Parties. Since implementing 
the treaty in 1997, Australia has regulated the Part 2 chemicals through use of permits. In 2000, 
the permit system was extended to apply to Part 3 and 4 chemicals in response to stricter CWC 
provisions relating to Part 3 transfers .  G/LIC/N/3/AUS/16  
 
- 15 - 
 
  5. The control on importation of the specified goods is a statutory requirement under Regulation 5J 
of the PI Regulations made under the  Customs Act 1901  (Customs Act) but could  also be relevant 
to the Chemical Weapons (Prohibition) Act 1994 . This restriction does not apply to goods that contain 
a chemical compound listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedu le 11 of the PI 
Regulations that is less than 10% by weight of the total and contain no other listed chemicals. The 
system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Application should be made in advance of arriva l of the goods. There are two types of permits: 
permits for chemicals in Part 2 of Schedule 11 of the PI Regulations (Schedule 1 of the CWC) 
and permits for chemicals in Part 3 and Part 4 of Schedule 11 of the PI Regulations (Schedules 
2 and 3 of the CWC).  Chemicals from Part 2 require 37 days' notice  for importation which 
cannot be varied due to concomitant international reporting requirements. However, the 
37-day advance notification requirement is waived for imports of saxitoxin in quantities of 
5mg or l ess for medical/diagnostic purposes provided that the goods contain no other chemical 
listed in Part 2 of Schedule 11 of the PI Regulations. Permits for chemicals listed in Part 3 a nd 
Part 4 of Schedule 11 require 7 days' notice, which can be reduced if ne cessary.  
(b) Permits cannot be issued immediately for chemicals under Part 2 except in the saxitoxin case 
described in paragraph 7(a). Part 3 and 4 chemical permits can be issued immediately where 
practical. There is also allowance for post -import permits to be issued immediately upon 
request under subdivision GC of the  Customs Act  where importation occurred inadvertently 
without a permit.  
(c) Permits may be issued at any period of the year.  
(d) Permit applications are considered by a single administrative organ, namely ASNO as the 
permit issuing authority. However, ASNO consults with the ABF prior to issuing an import 
permit to check whether there are any adverse findings for that company in relation to 
previous imports. Permits are issued by the Minister f or Foreign Affairs or authorised persons 
(i.e., the Director General and an Assistant Secretary of ASNO) .  Please note that ASNO  then 
provides the ABF with the details of import permit holders for Part 3 and 4 chemicals, including 
the company name, all chemicals listed on their import permit, and the tariff classification 
code used by the importer.  
8. Application for permission to import can be refused on the discretion of the Minister for Foreign 
Affairs. There is no right of appeal on the merits of the decision. However, an appeal may be made 
on the decision -making process itself under the Administrative Decisions (Judicial Review ) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import, however the 
chemicals from Parts 2 and 3 can only be imported from a country which is a State Party to 
the CWC (as at https://www.opcw.org/about -opcw/member -states ). In addition, all of the 
prescribed chemical imports can only be used for purposes not prohibited by the CWC, as 
provided for under the Chemical Weapons (Prohibition) Act 1994 . 
Documentation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to the relevant Minister or 
authorised person.  
Permits for chemicals in Part 2 of Schedule 11 of the PI Regulation s (i.e. Schedule 1 of the CWC).  
The permit is valid for a single shipment of the specified chemical. The following details must be 
included in the application:  G/LIC/N/3/AUS/16  
 
- 16 - 
 
  • importer's name, address, Australian Business Number  (ABN)  and other contact details;  
• supplier's  name and address ; 
• country of export (this can only be another State Party) – the goods must be shipped directly; 
transhipment through another country is not allowed;  
• name  of chemical , CAS number, quantity (gross and net) and percentage by weight, proposed  
use, tariff classification code and other descriptors of the chemical;  
• date of export from supplying country and expected import date;  
• end user's name, address and other contact details;  and 
• a description of security measures that will be taken to prevent  unauthorised access to the 
chemical.  
Permits for chemicals in Part 3 and Part 4 of Schedule 11 of the PI Regulations  (i.e., Schedules 2 & 
3 of the CWC) . 
The permit is valid for multiple shipments of multiple chemicals over a specified time, usually one 
year. The following details must be included in the application:  
• importer's name, address and other contact details;  
• importer's ABN;  
• names  of chemicals , CAS numbers , tariff classification c odes and percentage by weight of the 
chemicals the importer is prop osing to import;  
• exporting country;  
• a description of security measures that will be taken to prevent unauthorised access to the 
chemical.  
When required, ASNO can issue bespoke import permits covering Schedule 1, 2 and 3 chemicals to 
allow for the import of  unknown samples from, or on behalf of, the Organisation for the Prohibition 
of Chemical Weapons.  
ASNO's  secure online portal (available for existing import permit holders since 1 January 2015) 
allows for electronic reporting and renewal of import permits.  
Companies that are importing chemicals for the first time must submit a completed import permit 
applica tion form (available at http://www.dfat.gov.au \asno).  
Further information, including permit application and reporting forms, is also available at:  
http://www.dfat.gov.au \asno. 
11. Written permission of the Minister  for Foreign Affairs  or ASNO  (i.e., the import permit) is required 
by the ABF at the time of import. Where Part 2 chemicals are imported, the importer must also notify 
ASNO of the actual arrival date within 30 days of shipment arrival in Australia.  
12. No.  
13. Not applicable.  
Conditi ons of licensing  
14. Permits for chemicals in Part 2 of Schedule 11 of the PI Regulations apply to one consignment 
only and are valid for up to twelve  months. A new application is required for each import.  
Permits for chemicals in Part 3 and 4 of Schedule 11 of the PI Regulations may be for multiple 
importations and are valid for up to twelve  months. Permits may be reissued on an annual basis on 
request, provided all permit conditions are met, including reporting annually to ASNO on actual 
quantities of che micals imported. Permits may also be varied at any time.  
Bespoke import permits for samples sen t from, or on behalf of, the Organisation for the Prohibition 
of Chemical Weapons apply to one consignment only and are valid for up to twelve months. A new 
application is required for each import.  
15. No.  G/LIC/N/3/AUS/16  
 
- 17 - 
 
  16. No.  
17. A permission granted under Regulation 5J of the PI Regulations may specify conditions or 
requirements to be complied with by the holder of the permission. Permit requirements for chemicals 
in Parts 3 and 4 of Schedule 11 include the annual reporting of chemical shipments covered by the 
permit for the previous calendar year. If the holder of any permission fails to comply with a condition 
or requirement , the Minister may revoke the permission.  
Other p rocedural requirements  
18. For Part 2 and 3 chemicals, the recipient facility will require an operational permit under the 
Chemical Weapons (Prohibition) Act 1994  if certain activity thresholds for those chemicals are 
exceeded. However, the requirements fo r operational permits as specified under th is Act are not 
linked to the timing of imports.  
19. Not applicable.  
7  COUNTERFEIT CREDIT CARDS  
Outline of System  
1.  The importation of counterfeit credit, debit or charge cards is prohibited under provisions of the  
Customs Act 1901 (Customs Act)  and the Customs (Prohibited Imports) Regulations 1956  (PI 
Regulations), unless the permission of the Minister administering the Australian Federal Police Act 
1979 – presently the Attorney General  – has been obtained.  
Purpose s and coverage of licensing  
2. The goods covered are any non -genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards. The relevant tariff classification code  is 8523.21.  
3. The system applies to any non -genuine credit, de bit and charge cards that are made to imitate 
and pass for genuine cards originating from all countries.  
4. The PI Regulations are intended to prohibit the importation of counterfeit credit, debit or charge 
cards.  
5. The control on the specified goods is a  statutory requirement under PI Regulations made under 
the Customs Act. The control cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Applications for permission to import should be made in advance of arrival of the goods.  
(b) Applications for permission to import can be processed immediately, provided all information 
is available and the application is considered to be urgent.  
(c) Permits may be issued at any period of the year.  
(d) Permits are granted by the relevant Minister . 
8. Applications for permission to import can be refused at the discretion of the relevant Minister. 
Reasons for refusal are given to applicants. Applicants refused permission to import may appeal on 
the decisio n-making process under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply.  G/LIC/N/3/AUS/16  
 
- 18 - 
 
  Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister. The application should include the following 
information:  
• importers name and address ; and  
• details of the goods to be imported.  
11. The original permission from the Minister or authorised person is requ ired upon importation.  
12. There is no licensing fee.  
13. There is no deposit or advance payment requirement associated with the issue of these licen ces. 
Conditions of licensing  
14. The Minister may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licen ce. 
16. Permits/licen ces are not transferable between importers.  
17. Conditions may be imposed on the permission and quantities are specified.  
Other procedural requirement s 
18. No.  
19. Not applicable.  
8  DOG COLLAR – PROTRUSION  
Outline of System  
1. The importation of protrusion dog collars is prohibited under provisions of the Customs Act 1901 
(Customs Act) and the Customs (Prohibited Imports) Regulations 1956  (PI Regulations), unless the 
permission of the Minister for Home Affairs, or an authorised person, has been obtained.  
Purposes and coverage of licensing  
2. The goods covered are: dog collars, incorporating protrusions  designed to puncture or bruise an 
animal's skin.  
3. The system applies to importations from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports. The importation 
of protrusion dog collars is regulated in response to animal welfare concerns.  
5. The  control on the specified goods is a statutory requirement under Regulation 4 Schedule 2, 
Item 10 of the PI Regulations made under the Customs Act . The control cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Applicatio n should be made in advance of arrival of the goods.  
(b) No.  G/LIC/N/3/AUS/16  
 
- 19 - 
 
  (c) No. 
(d) Permissions are granted by the Minister for Home Affairs or an authorised person.  
8. Apart from statutory or ordinary requirements there are no other criteria for refusal. Reasons fo r 
refusal are given to applicants. Applicants refused permission to import may appeal on the 
decision -making process under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised person. 
The application should include the fo llowing information:  
• importer's name and address  
• details of the goods to be imported.  
11. The original permission from the Minister for Home Affairs or authorised person is required to 
be produced upon importation.  
12. There is no permit fee.  
13. Not applicable.  
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a permission.  
16. Licences are not transferable  between importers.  
17. Conditions may be imposed on the permit. Quantitative limits, where appropriate, are specified 
as conditions.  
Other procedural requirements  
18. No.  
19. Not applicable.  
9  FLAGS, ARMS AND SEALS  
Outline of System  
1. The importation of goods with a representation of the arms, seal or flag of the Commonwealth or 
a state or territory  or the Royal Arms is prohibited under provisions of the Customs Act 1901 
(Customs Act)  and the Customs (Prohibited Imports) Regulations 195 6 (PI Regulations).  
For goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a 
seal of the Commonwealth as to be likel y to deceive, specified conditions must be complied with. 
The goods must not be imported unless the design has been approved in writing by the Secretary 
to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector 
asks the importer to produce the approval, the importer produces it.  G/LIC/N/3/AUS/16  
 
- 20 - 
 
  For goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a state or territory  of the Commonwealth or a representation so nearly rese mbling 
the Arms, a flag or a seal of a state or territory  of the Commonwealth as to be likely to deceive; or 
a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to 
be likely to deceive . The goods must not be import ed unless the design has been approved in writing 
from the Department of Premier and Cabinet or the Chief Minister 's Department of the relevant state 
or territory ; and if the collector asks the importer to produce the approval, the importer produces 
it. 
Purposes and coverage of licensing  
2. The goods covered are:  
• goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag 
or a seal  of the Commonwealth as to be likely to deceive;  
• goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a state or territory  of the Commonwealth or a representation so nearly 
resembling the Arms, a  flag or a seal of a state or territory  of the Commonwealth as to be 
likely to deceive; and  
• goods to which, or to the coverings of which, there is applied a representation of the Royal 
Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive.  
3. The system applies to the importation of goods originating from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports.  
The importation of goods bearing the arms or having applied to them a representation of a flag or 
seal of the Commonwealth or a state or territory  was introduced to act as a quality control measure 
to ensure that representations are realistic, of good qual ity, preserve the dignity and integrity of 
national symbols and do not breach other legislation.  
5. The control on the specified goods is a statutory requirement under Regulation 4, Schedule 2 
(Royal Arms) and Schedule 3 ( state and territory  flags, arms an d seals and Commonwealth flags, 
arms and seals) of the PI Regulations made under the  Customs Act . 
The control cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Applications should be made in advance of the importation o f the goods and it is recommended 
that the design be approved prior to the mass production of goods.  
(b)  Approval  cannot be granted immediately on request.  
(c)  Approvals  may be issued throughout the year.  
(d)  Designs must be approved by the Department o f Prime Minister and Cabinet or the 
Department of Premier and Cabinet or the Chief Minister 's Department of the relevant 
state/territory . 
8. Apart from statutory or ordinary requirements, the only other criteria for refusal is if the design 
has not been ap proved by the relevant authority. Reasons for refusal are given to applicants. 
Applicants refused permission to import may appeal on the decision -making process under the 
Administrative Decisions (Judicial Review) Act 1977.  G/LIC/N/3/AUS/16  
 
- 21 - 
 
  Eligibility of importers to appl y for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. Applications for permission to import goods having a representa tion of the arms, a flag or a seal 
of the Commonwealth should include:  
• a full description of the goods ; 
• quantities of the goods ; 
• name, company details and postal address of the importer ; and 
• colour image of the goods . 
For more information and to apply for approval for the use of representations of the Arms, a flag or 
a seal of the Commonwealth, enquires should be directed to the Commonwealth Flag Officer by 
email to: nationalsymbols@pmc.gov.au   
Or, in writing to:  
Honours and Symbols Section  
Department of the Prime Minister and Cabinet  
PO Box 6500  
CANBERRA ACT 2600  
 
Phone: +61 2 6271 5601  
Applications for design approval of representations  of the Arms, flag, or seal of a state or territory, 
should be directed to the Department of Premier and Cabinet or the Chief Minister 's Department of 
the relevant state or territory.  
12. In the case of goods bearing a representation of the arms, a flag or  a seal of the Commonwealth 
if the collector asks the importer to produce the approval issued by Secretary to the Department of 
the Prime Minister and Cabinet approval, the importer must produce it.  
In the case of goods bearing a representation of the arms , a flag or a seal of a state or territory  of 
the Commonwealth or a representation of the Royal Arms , if the collector asks the importer to 
produce the approval issued by the Department of Premier and Cabinet or the Chief Minister 's 
Department of the relevant state/territory , the import er must produce it . 
13. There is no licensing fee or administrative charge.  
Conditions of licensing  
14. There is no deposit or advance payment requirement associated with the issue of licen ces. 
15. Import permissions are not subject to a validity period. In the case of goods bearing a 
representation of the arms, a flag or a seal of the Commonwealth, the design approval provided by 
the Department of the Prime Minister and Cabinet covers multiple consign ments for a period of 
12 months. At the expiration of the 12-month  period , a new approval will need to be sought.  
16. There is no penalty for the non -utilisation of a permission or a portion of a permission.  
17. Permits/licences are not transferable betwee n importers.  G/LIC/N/3/AUS/16  
 
- 22 - 
 
  Other procedural requirements  
18. For goods to which, or to the coverings of which, there is applied a representation of the arms, 
a flag or a seal of a state or territory  of the Commonwealth,  only the approval of the design by the 
Department of Premier and Cabinet or the Chief Minister 's Department of the relevant state/territory  
is required to import the goods. An importer must produce a copy of the approval to the collector, if 
requested . 
For goods to which, or to the coverings of which, the re is applied a representation of the arms, a 
flag or a seal of the Commonwealth only the approval of the design by the Department of Prime 
Minister and Cabinet is required to import the goods. Importers must produce a copy of the approval 
to the collector  if requested.  
19. Not applicable.  
10  GENETICALLY  MODIFIED ORGANISMS  
Outline of System  
1. The Gene Technology Act 2000  (GT Act), the Gene Technology Regulations 2001 (GT Regulations) 
and corresponding state and territory laws provide a nationally consistent system to regulate work 
(dealings) with genetically modified organisms (GMOs) in Australia. This includes the creati on or 
import, transport, disposal, growth and propagation of GMOs.  
Other Australian government regulators also oversee work with GMOs, depending on the use of the 
GMO. These regulators include:  
• Australian Pesticides and Veterinary Medicines Authority  (APVMA) covers agricultural 
chemicals and veterinary products, including those produced in, or used on, genetically 
modified (GM) crops and live GM veterinary products. See a lso Agricultural & Veterinary 
Chemicals Code Act 1994  and Agricultural & Veterinary Chemi cals (Administration) Act 1992 . 
• Department of Agriculture, Fisheries and Forestry  (DAFF) regulates the import of all animal, 
plant and biolo gical products that could pose a biosecurity risk if they were imported. See also 
Biosecurity Act 2015  and Imported Food Control Act 1992 . 
• Food Standards Australia New Zealand (FSAN Z) covers food issues, including labelling and 
mandatory pre -market safety assessments for GM foods. See also Food Standards Australia 
New Zealand Act 1991 . 
• Therapeutic Goods Administration (TGA) regulates all therapeutics, including those which are 
GMOs (for example, live GM vaccines). See also Therapeutic Goods Act 1989 . 
Purposes and coverage of licensing  
2. The National Gene Technology Scheme covers all dealings with all live/viable GMOs as defined in 
the GT Act. The GT Act defi nes GMO dealings to include experiments, manufacture, production, 
breeding, growing, transport, destruction and import.  
3. All GMOs, whether created in Australia or imported, are covered by the gene technology 
legislation.  
4. The gene technology legislatio n is not intended to restrict the quantity or value of imports but to 
manage the risks of working with GMOs. In administering the National Gene Technology Scheme, 
the Gene Technology Regulator (the GT Regulator) has specific responsibility to protect the h ealth 
and safety of people, and to protect the environment, by identifying risks posed by or as a result of 
gene technology, and by managing those risks through regulating certain dealings with GMOs. 
The National Gene Technology Scheme also implements Aust ralia's obligations under Article 8(g)  of 
the UN Convention on Biological Diversity.  G/LIC/N/3/AUS/16  
 
- 23 - 
 
  A voluntary system/industry self -regulation is not appropriate due to the level of public concern over 
the potential risks posed by GMOs. However, some work with specified  categories of GMOs does not 
require licensing and can be carried out under a notification process with the appropriate institutional 
oversight (for example using GM cell lines to manufacture GM pharmaceutical products within 
certified facilities).  
5. The nationally consistent legislative scheme for gene technology is comprised of the 
Commonwealth GT Act and GT Regulations, and corresponding state and territory  legislation.  
The scope and nature of gene technology regulation is specified in the GT Act.  Sche dules contained 
within the GT Regulations further clarify the scope of the GT Act and specify the type of 
authorisations required for work with different categories of GMOs.  
The legislation was developed in consultation with all Australian jurisdictions an d the scheme is 
supported by the inter -governmental Gene Technology Agreement  between the Australian 
Government and each state and territory . 
It is not possible for the government or executive branch to abolish the systems without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a) The Nation al Gene Technology Scheme provides for a number of different kinds of 
authorisations dependent upon the nature of the GMO and the proposed use: 
https://www.ogtr.gov.au/apply -gmo-approval/types -gmo-dealings . 
In relation to commercial -scale import of GMOs, in most cases a licence would be required. If the 
GMO is imported for use within contained facilities (e.g. GM seed imported for immediate processing 
into non -viable products) a licence for Dealings Not Involving Intentional Release  (DNIR) into the 
environment may be required. DNIR licences carry a 90-working  day processing time and approval 
must be o btained prior to import.  
All other commercial dealings where the GMO is likely to be released into the environment would 
require a licence for  Dealings Involving Intentional Release  (DIR) into the environment. The GT 
Regulator must decide whether to issue a DIR licence within 255 working days.  
If the GT Regulator is satisfied that a person has come into possession of a GMO inadvertently, the 
GT Regu lator may, with the agreement of the person, treat the person as having made an 
Inadvertent Dealings application, or the person may apply for a licence themselves. The GT 
Regulator may issue a temporary licence (no longer than 12 months) to the person for the purposes 
of disposing of the GMO in a manner which protects the health and safety of people and the 
environment.  
(b) The GT Act does not contain provisions for immediate licence approvals.  
(c) Licence applications can be made at any time of the year.  
(d) The Australian GT Regulator, supported by the Office of the Gene Technology Regulator  
(OGTR) , has sole responsibility for issuing licences for work with GMOs.  However, separate 
approvals would be needed if the end use of the GMO is regulated by another agency, e.g., 
therapeutic or veterinary products, agricultural products, human food, etc. (see answer to 
Question 1).  Approval for import under the Biosecurity Ac t 2015 , from DAFF may also be 
required.  
8. The GT Regulator must not issue the licence unless satisfied that:  
(i) any risks posed by the dealings proposed to be authorised by the licence are able to be 
managed in such a way as to protect:  G/LIC/N/3/AUS/16  
 
- 24 - 
 
   - the health and  safety of people ; 
 - the environment , and that ; 
(ii) the applicant is a suitable person to hold the licence.  
The GT Regulator must inform the applicant of the reasons for their decision. A decision not to issue 
a licence, or to impose a licence condition,  is a reviewable decision under the GT Act, and the 
applicant may apply to the Administrative Appeals Tribunal  for review of the merits of the decision.   
Altern atively, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. Anyone can apply for a licence; however, the GT Regulator is required to co nsider the suitability 
of the applicant to hold a licence. Section 58 of the GT Act provides information on applicant 
suitability.  
Documentation and other requirements for application for licence  
10. Application forms to work with GMOs can be found on the OGTR website at 
https://www.ogtr.gov.au/apply -gmo-approval . 
11. Each DIR licence is made available on the OGTR website at https://www.ogtr.gov.au/what -weve-
approved/dealin gs-involving -intentional -release . A copy of the licence should accompany all 
shipments of GMOs unless the licence specifies otherwise.  
12. Currently no fees apply to applications for licences under the GT Act.  
13. Not app licable.  
Conditions of licensing  
14. The period of the licence will be determined on a case -by-case basis during the assessment of 
the application. Typically, commercial licences do not have an expiry date.  
15. Licences permit, but do not require, persons to deal with the specified GMOs. All licence 
conditions must be followed when dealing with GMOs. It is a criminal offence to knowingly breach 
the conditions of a licence.  
16. Section 70 of the GT Act allows for the transfer of a licence. A 90 -working day a ssessment period 
applies to applications to transfer a licence. When deciding whether to transfer a licence, the GT 
Regulator must consider the suitability of the receiving applicant to hold the licence.  
17. Division 6 of part 5 of the GT Act contains info rmation on conditions that may apply to a licence. 
This includes (but is not limited to):  
(i) the scope of the dealings authorised by the licence;  
(ii) the purposes for which the dealings may be undertaken;  
(iii) variations to the scope or purposes of the dealings;  
(iv) documentation and record -keeping requirements;  
(v) the required level of containment in respect of the dealings, including requirements relating 
to the certification of facilities to specified containment levels;  
(vi) waste disposal requ irements;  
(vii) measures to manage risks posed to the health and safety of people, or to the environment;  
(viii) data collection, including studies to be conducted;  
(ix) auditing and reporting;  
(x) actions to be taken in case of the release of a GMO from a  contained environment;  
(xi) the geographic area in which the dealings authorised by the licence may occur;  
(xii) requiring compliance with a code of practice issued under section 24, or a technical or 
procedural guideline issued under section 27;  G/LIC/N/3/AUS/16  
 
- 25 - 
 
  (xiii) supervision by, and monitoring by, Institutional Biosafety Committees;  
(xiv) contingency planning in respect of unintended effects of the dealings authorised by the 
licence;  
(xv) limiting the dissemination or persistence of the GMO or its genetic material i n the 
environment;  
(xvi) requiring the licence holder to inform people of licence requirements;  
(xvii)  requiring the licence holder to provide the GT Regulator with relevant information; and  
(xviii)  allowing the GT Regulator to monitor dealings with GMOs.  
Other procedural requirements  
18. Not applicable.  
19. Not applicable.  
11  HAZARDOUS GOODS  
Outline of System  
1. For health and safety reasons, the importation of goods deemed to be hazardous is prohibited 
under the Customs Act 1901  (Customs Act) , the Customs (P rohibited Imports) Regulations 1956  (PI 
Regulations). Only the responsible Minister or an authorised person can grant permission to import 
banned goods.  
Purposes and coverage of licensing  
2. Goods covered under this legislation  include:  
Goods listed under Schedule 2 in relation to Regulation 4 of the PI Regulations:  
• Cosmetic products containing more than 250 mg/kg of lead or lead compounds (calculated as 
lead), except products containing more than 250mg/kg of lead acetate designed for use in 
hair trea tments.  
• Erasers that resemble food in scent or appearance, that contain more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1,000mg/kg of barium.  
• Money  boxes coated with a material that contains more than 90 mg/kg of lead.  
 
• Toys coated with a material the non -volatile content of which contains more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1,000mg/kg of barium.  
• Pencils or paint brushes coated with a material the non -volatile content of which contains 
more than:  
(a) 90 mg/kg of lead; or  G/LIC/N/3/AUS/16  
 
- 26 - 
 
  (b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1,000mg/kg of barium.  
Goods listed under Schedule 7 in relation to Regulation 4E of the PI Regulations:  
• Glazed ceramic articles normally used for or in connexion with the storage or consumption of 
food containing lead or cadmium in an amount per volume beyond permissible levels 
specified in schedule 7 of the PI Regulations.  
Goods listed in Regulation 4S of the PI Regulations:  
• Certain cigarette lighters.  
Goods listed under Schedule 12 in relation to Regulation 4U of the PI Regulations:  
• Glucomannan in tablet form.  
• Seat belt accessories and similar goods designed to induce and maintain slack in retractor 
seat beats.  
• Sun visors that do not comply with Australian Design Rule No. 11.  
• Victim toys.  
• Chewing tobacco and snuffs intended for oral use, imported in amount greater than 1. 5kg. 
• Underwater breathing apparatus consisting of an air pump, powered by the user's legs, that 
supplies air drawn down from the water's surface in a compressed state dependent on the 
user's effort.  
• Devices that enable a water skier to be released quickly in the event of a mishap in the water.  
• Candles with wicks that contain greater than 0.06% lead by weight and candle wicks 
containing greater than 0.06% lead by weight.  
• Jelly confectionery product containing 'konjac' (also known as glucomannan, conjac, 
konnyaku, konjonac, taro powder and yam flour) and supplied in a container that has a height 
or width of less than or equal to 45mm.  
3. The regulations apply to the importation of goods from all countries.  
4. The PI Regulations are not intended to restrict the  quantity or value of imports. The importation 
of these goods is regulated due to safety concerns for people and animals if the goods are used 
inappropriately.  
5. The control on importation of the specified goods is a statutory requirement under the PI 
Regulations made under the  Customs Act. The system cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a)  Applications should be made in advance of arrival of the goods. In certain circumstances, 
import permission can be giv en to goods that have inadvertently arrived at the point of entry.  
(b) Permission to import is granted by the responsible Minister or an authorised person.  
(c) There are no such limitations.  
(d) Permission to import is granted by the responsible Minister o r an authorised person.  G/LIC/N/3/AUS/16  
 
- 27 - 
 
  Importers may be required to provide written confirmation from an analytical laboratory recognised 
by the National Association of Testing Authorities Australia  (NATA), or a NATA accredited authority, 
that their goods comply with the requirements of the regulations.  
8. Apart from statutory or ordinary requirements there are no other criteria. Reasons for refusal are 
given to applicants. In certain circumstances , applicants refused permission to import may appeal 
on the merits of the decision to the Administrative Appeals Tribunal. Alternatively, an appeal may 
be made on the decision -making process itself under the Administrative Decisions (Judicial Review) 
Act 1977 . 
Eligibility of importers to apply for licence  
9.(a)  Not applicable.  
(b) All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications for permission to import must be made to the responsible Minister or authorised 
person. The application must include the following information:  
• importer's name and address  
• details of the goods to be imported, including quantity to be imported and intended use and 
distribution . 
11. The original pe rmission from the responsible Minister or authorised person is required to be 
produced upon importation.  
Alternatively, for the importation of lighters under Regulation 4S of the PI Regulations, the importer 
may complete a statutory declaration stating tha t a certificate of compliance has been issued and 
produce that statutory declaration to the responsible customs administration.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with t he issue of licen ces. 
Conditions of licensing  
14. The responsible Minister or authorised person may specify a time period for the validity of the 
permission.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licen ce. 
16. Permit s/licences are not transferable between importers.  
17.(a)Not applicable.  
(b) Permission to import goods specified under Regulations 4, 4E, 4S and 4U of the PI Regulations 
may be subject to conditions regarding custody, use, disposal or distribution of the imported 
goods.  
Other procedural requirements  
18. No.  
19. Not applicable.  G/LIC/N/3/AUS/16  
 
- 28 - 
 
  12  HAZARDOUS WASTE  
Outline of System  
1. The import, export and transit of hazardous waste is regulated under the Hazardous Waste 
(Regulation of Exports and Imports) Act 1989 (the Hazardous Waste Act) and associated regulations, 
to ensure that hazardous waste is managed in an environmentally soun d manner to protect human 
beings and the environment, within and outside Australia.  
The regulatory framework implements Australia's obligations under the Basel Convention for the 
Control of Trans -boundary Movements of Hazardous Waste and their Disposal (Basel Convention), 
as well as the following related agreements and arrangements concerning the transboundary 
movement of hazardous and other waste:  
• the Organisation for Economic Co -operation and Development (OECD)  Control System for 
waste recovery establishe d by the Council Decision  C (2001) 107 FINAL, as amended by C 
(2004) 20;  
• the Waigani Convention (Convention to Ban the Importation into Forum Island Countries of 
Hazardous and Radioactive Wastes and to Control the Transboundary Movement and 
Management of H azardous Wastes within the South Pacific Region); and  
• the Timor -Leste Regulations (Hazardous Waste (Regulation of Exports and Imports) (Imports 
from the Democratic Republic of Timor -Leste ) Regulations 2003), a bilateral  arrangement 
between Australia and Timor-Leste . 
Purposes and coverage of licensing  
2. The Hazardous Waste Act and regulations establish a permit control system for the export from, 
import into, or transit through, Australia of hazardous and other wastes, which are determined by 
category and characteristics listed in the schedules of the Basel Convention, Waiga ni Convention, 
and OECD Council Decision.  
3. The permit system applies to all transboundary movements of hazardous and other wastes 
between countries that are a party to the Basel Convention or the Waigani Convention, or member 
countries of the OECD, or im ports from Timor -Leste to Australia.  
4. The Hazardous Waste Act and regulations are not intended to restrict the quantity or value of 
imports.  
The permit system ensures that Australia's international obligations concerning the transboundary 
movement, for e nvironmentally sound and safe management of hazardous and other waste, are 
upheld.  
To that effect, the Basel Convention provides that trans boundary movements of hazardous and 
other wastes is to be reduced to the minimum consistent with the environmentally  sound and 
efficient management of such wastes.  
Complementary to this, the OECD Council Decision controls the transboundary movements of 
hazardous and other wastes destined for recycling and/or recovery operations between OECD 
members in view of member cou ntries having established infrastructure.  
Australia's agreement with Timor -Leste allows the import of hazardous waste from Timor -Leste to 
Australia following similar procedures to that established under the Basel Convention.  
5. The law under which the perm itting system is maintained is the Hazardous Waste (Regulation of 
Exports and Imports) Act 1989 (Hazardous Waste Act) and associated regulations. Permitting is a 
statutory requirement for the import, export and transit of any hazardous waste listed in sche dules 
to the Basel Convention, Waigani Convention, or the OECD Council Decision. It is not possible to 
abolish the system without legislative approval.  G/LIC/N/3/AUS/16  
 
- 29 - 
 
  Procedures  
6. Not applicable.  
7.(a) The Hazardous Waste Act and regulations require that a permit be ob tained before hazardous 
waste is exported from, imported into, or transited through, Australia. All applications are 
assessed according to the relevant sections of the Hazardous Waste Act or associated 
regulations, and on a case -by-case basis. The timefram es in the Hazardous Waste Act and 
associated regulations reflect the timeframes provided for in the treaties on hazardous waste 
to which Australia is a party.  
(b) No. Permits are issued only after authorisation by the Minister for the Environment or their 
delegate, with a requirement for determination of the justification for import and the fitness 
of the processing organisation to treat the material in an environmentally sound manner.  
(c) No. 
(d) Consideration of a permit application is undertaken by the Department of Climate Change, 
Energy, the Environment and Water (DCCEEW) . Importers may, however, have to approach 
other government (Commonwealth, state and territory ) agencies for approval to import due 
to conditions that apply to the type of item. Examples of such agencies would be the 
Therapeutic Goods Administration or the  appropriate state or territory  environment agency.  
8. A permit application may be refused on various grounds under the Hazardous Waste Act and 
regulations, for example if the Minister for the Environment considers that it would not be in the 
public intere st to grant the permit.  
There are also requirements on all countries through which the proposed movement of hazardous 
waste is to be transported, to control the transboundary movement of hazardous waste.  Refusal to 
accept the movement by any such country will result in the country of export being refused a permit.  
A statement of reasons for the Minister for the Environment or their delegate's refusal of a permit is 
given to applicants. Applicants refused permission to export may appeal to the Administrativ e 
Appeals Tribunal on the merits of the decision. Alternatively, an appeal may be made on the decision -
making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Any person, firm or institution may apply for a permit.  
Documentation and other requirements for application for licence  
10.  As with all applications, the decision of the Minister for the Environment or their delegate will 
be based on information prov ided as required under the Hazardous Waste Act or relevant 
regulations.  
Amongst other things, the Minister for the Environment will consider whether the proposed manner 
for dealing with the hazardous waste is environmentally sound, the applicant is a suita ble person to 
be granted a permit and has appropriate insurance.  
The form that is required to be used when applying for an import, export or transit permit may be 
accessed here:  https://www.dcceew.gov.au/environment/protection/hazardous -waste/permits . 
In general information required in the permit application includes:  
• the identity and suitability of the applicant, including applicant's name and address and 
financial situation;  
• a description of the material;  G/LIC/N/3/AUS/16  
 
- 30 - 
 
  • the method of transportation, ports of entry  and exit ; and  
• the method of disposal and the details of  the facility that is receiving the waste.  
More details of what the Minister for the Environment will give consideration to as part of an 
application process can be found at: https://www.comlaw.gov.au/Series/C2004A03937 . 
Additional documentation required with the application includes verification that the disposal is 
environmentally sound and safe, the capability of the processors to treat the material, and proof 
that appropriate insurances and contracts  have been obtained/arranged.  
11. The permit and a completed Movement/Tracking Form are required.  
12. The application fees and levy that apply to the lodgement of permit applications  are specified  in 
the Hazardous Waste (Regulation of Exports and Imports)  (Fees) Regulations 1990 . All permit 
application fe es (including the levy) are non -refundable.  Permit application fees can be found at: 
https://www.dcceew.gov.au/environment/protection/hazardous -waste/permits#permit -
application -fees. 
13. There is no requirement for an advance payment, as the relevant fee must be paid at the time 
of making a permit application. Full payment of the fee is required (unless the Minister has 
determined in writing that the prescribed fee payable in relation to a specified application or a 
specified notice is reduced by a specified amount) . The fee is not refundable.  Permi t application fees 
can be found at: https://www.dcceew.gov.au/environment/protection/hazardous -
waste/permits#permit -application -fees. 
Conditions of licensing  
14.  Under the Basel Convention, the permit is valid for a period of up to twelve months and covers 
the amount and number of shipments of the hazardous waste as noted in the application. The OECD 
Council Decision allows the period for permits up to 36 months for pre -consented  facilities.  
15.  There is no penalty for the non -utilisation of a  permit or a portion of that permit.  
16.  Permits/licences are not transferable between importers.  
17.(a)  Not applicable.  
(b)  All applications must identify the maximum amount of the hazardous wastes that is intended 
to be covered by the permit. The maximum amount that is then specified in that permit cannot 
be exceeded. In addition, the applicant is provided wi th conditions that form part of the permit 
that usually relate specifically to the transport, treatment and/or disposal of the hazardous 
waste.  
Other procedural requirements  
18. In some cases the approval/certification of other agencies is required prior t o the issue of a 
permit. The permit applicant is responsible for ensuring they have obtained all relevant approvals 
and licen ces. 
19.  Not applicable.  
13  ICE PIPES  
Outline of System  
1. The importation of ice pipes is prohibited under provisions of the Customs  Act 1901  (Customs 
Act) and the Customs (Prohibited Imports) Regulations 1956  (PI Regulations) unless the permission 
of the Minister for Home Affairs, or an authorised person, has been obtained.  G/LIC/N/3/AUS/16  
 
- 31 - 
 
  Purposes and coverage of licensing  
2. Ice pipes are defined as a device that is capable of being used f or administering 
methylamphetamine, or any other drug mentioned in Schedule 4  of the PI Regulations , by the 
drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in a crystal, 
powder, oil or base form. Components are also co ntrolled, and these are defined as a device which 
appears, on reasonable grounds, to be part of an ice pipe; and is capable of being used for 
administering a drug mentioned in Schedule 4 of the PI Regulations , in the way described in the 
definition of ice pipe, only if adjusted, modified or added to.  
3. The system applies to the importation of goods originating from all countries.  
4. The PI Regulations are not intended to restrict the quantity or volume of imports. A permit can 
specify conditions or require ments including times for compliance and the number of ice pipes 
allowed to be imported. The Minister for Home Affairs or an authorised person has the power to 
revoke permission where the holder does not comply with a condition or requirement.  
The control on ice pipes has been introduced as a result of the Australian Government's commitment 
to reduce the abuse of illicit drugs. Amphetamine Type Stimulants (ATS) have been identified by the 
Australian Criminal Intelligence Commission  (ACIC)  as an organised cr ime priority for the Australian 
Government. While ATS can be administered in a range of ways, smoking its crystalline form (known 
as ice) is particularly dangerous, due to high drug purity levels, which can result in serious physical 
and emotional harm.  
5. The control on the specified goods is a statutory requirement under Regulation 4I of the PI 
Regulations made under the Customs Act. The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7. (a) Application should be ma de in advance of arrival of the goods.  
(b) Applications for permission to import can be processed immediately provided all information 
is available and the application is considered to be urgent.  
(c) Permits may be issued at any period of the year.  
(d) Permissions are granted by the Minister for Home Affairs or an authorised person.  
8. Application for permission to import can be refused at the discretion of the relevant Minister or 
authorised person. Reasons for refusal are given to applicants. Applicants refused permission to 
import may appeal on the decision -making process under the Administrative Decisions (Judicial 
Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply. Permission to import ice pipes is strictly 
limited to law enforcement or scientific purposes. Applications for permission to import ice pipes (or 
components of ice pipes) for personal use or commercial purposes will not be considered.   
Documentation and other requirements for application for licence  
10. Applications must be made in writin g to the Minister for Home Affairs or an authorised person. 
The application should include supporting documentation to possess the goods and/or any relevant 
end user evidential documentation.  
Applicants seeking to import ice pipes for law enforcement or sc ientific purposes should contact 
permits@abf.gov.au  for more information.  G/LIC/N/3/AUS/16  
 
- 32 - 
 
  11. The original permission from the Minister for Home Affairs or authorised person is required upon 
impor tation.  
12. There is no permit fee.  
13. There is no deposit or advance payment requirement associated with the issue of permission.  
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a permission or a portion of a permission.  
16. Permits/licen ces are not transferable between importers.  
17. Conditions may be imposed on the permission and quantities are specified.  
Other procedural requiremen ts 
18. No.  
19. Not applicable.  
14  IMPORTS TO ANTARCTICA  
Outline of System  
1. Under the Antarctic Treaty (Environment Protection) Act 1980 as amended, and in line with the 
requirements of the Protocol on Environmental Protection to the Antarctic Treaty  (the Environmental  
Protocol), persons are not permitted to import certain items into Antarctica. This legislation applies 
to Australian nationals for all areas south of 60° south and for foreign nationals to the Australian 
Antarctic Territory only.  
Purpose s and coverage of licensing  
2. The import licensing system is implemented via the  Antarctic Treaty (Environment Protection) Act 
1980. It provides:  
• that a person shall not bring into the Antarctic an organism that is not indigenous to the 
Antarctic unless t he organism (not being a live animal) was brought into the Antarctic to be 
used as food. None of these items may be brought into Antarctica unless authorised by a 
permit (s19(1)(c));  
• if a person brings an organism into the Antarctic for use as food the per son must put controls 
in place to ensure that the organism does not escape into the Antarctic environment;  
• a person who brings into the Antarctic poultry or any other bird product that is to be used as 
food must ensure it is not contaminated with disease;  
• that a person shall not bring into, or keep in, the Antarctic , non-sterile soil, or polychlorinated 
biphenyls, or polystyrene beads or chips or any similar kind of packaging material 
(s19(1)(ca)); and  
• that a person shall not bring into, or keep in , the Antarctic any pesticide unless for scientific, 
medical or hygienic purposes (s19(1)(cb)).  
3. The system applies to goods from all countries.  
4. The above restrictions have been put in place to implement the Environmental  Protocol. The 
objective of th e Environmental  Protocol is the comprehensive protection of the Antarctic environment 
and its dependent and associated ecosystems.  The Antarctic Treaty (Environment Protection) Act 
1980 is not intended to restrict the quantity or value of imports.  
5. The control  may not be repealed without legislative approval.  G/LIC/N/3/AUS/16  
 
- 33 - 
 
  Procedures  
6. Not applicable.  
7.(a) Proponents are encouraged to submit permit applications as far in advance of their intended 
activity as practicable. Proponents should allow a minimum of three  months for the 
assessment of a permit application.  
(b) Permits cannot be granted immediately upon request. The permit -holder must obtain a permit 
prior to their arrival in Antarctica. Permits cannot be issued retrospectively.  
(c) Permit applications may be l odged at any time of the year.  
(d) Permit applications are assessed by one organisation – i.e., the Australian Antarctic Division 
(AAD) of the Department of Climate Change, Energy, the Environment and Water . 
Corresponding permits are also prepared by the A AD. Accordingly, proponents need only 
approach one organisation.  
8. An application for a permit will only be refused if it does not meet the ordinary criteria. Particulars 
of refusals to grant permits are provided to the applicant and those particulars are accompanied by 
a statement to the effect that, subject to the Admin istrative Appeals Tribunal Act 1975 , application 
may be made to the Administrative Appeals Tribunal for the review of the merits of a decision to 
refuse to grant a permit by or on behalf of the person or persons whose interests are affected by 
the decision . Alternatively, an appeal may be made on the decision -making process itself under the 
Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All Australian proponents of Antarctic acti vities are eligible to apply for a permit. No fee is 
charged.  
Documentation and other requirements for application for licence  
10. The project proponent (in the case of research projects, the Chief Investigator) completes an 
application form for a permit. The application should include the following information:  
• name and address of applicant ; 
• research location and research methodology ; 
• any non -indigenous species being introduced to Antarctica;  
• intended access to specially protected areas; sample specimens to be extracted ; 
• members of research team or field project ; and  
• organisation affiliated to research project.  
Permits  are applied for online. The process is described at: 
http://www.antarctica.gov.au/environment/environmental -impact -assessment -approval s-and- 
permits  
11. Inspectors appointed under the Antarctic Treaty (Envir onment Protection) Act 1980 monitor 
actions to ensure they are undertaken in accordance with the approved permit.  
12. There is no fee or administrative charge.  
13. Not applicable.  
Conditions of licensing  
14. A permit's period of validity is dependent on a project's planned length. A proponent may apply 
to extend a permit's period of validity.  G/LIC/N/3/AUS/16  
 
- 34 - 
 
  15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Permits are not transferable. However, a permit may be varied to:  
• include add itional names ; and  
• omit existing names.  
A person to whom a permit has been granted (a principal) may authorise other persons to 
accompany one or more of the principals to carry on activities authorised by the permit.  
17. No.  
Other procedural requirements  
18. There are no other administrative processes required.  
19. Not applicable.  
15  IMPORTS TO TERRITORY OF HEARD ISLANDS AND MCDONALD ISLANDS  
Outline of System  
1. The Territory of Heard Island and McDonald Islands is an external territory of Australia. The 
purpose of the Territory of Heard Island and McDonald Islands Environment Protection and 
Manageme nt Ordinance 1987 , enabled  under the Heard Island and McDonald Islands Act 1953 , is 
the preservation and management of the territory  for the protection of its environment and wildlife.  
Purposes and coverage of licensing  
2. The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  prohibits:  
• the importation of any diseased organism or live poultry into the territory  (s13);  and 
• the importation of any organism, or any dead poultr y or poultry products into the territory  
unless in accordance with a permit (s14.1(b)).  
3. The system applies to goods from all countries (and from other parts of Australia).  
4. The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  is not intended to restrict the quantity or value of imports.  
5. The controls may not be repealed without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Proponents are encouraged to submit permit applications as far in  advance of their intended 
activity as practicable. Proponents should allow four months for the assessment of a permit 
application.  
(b) Permits cannot be granted immediately upon request. The permit -holder must obtain a permit 
prior to their arrival in the territory . Permits cannot be issued retrospectively.  
(c) Permit applications may be lodged at any time of the year.  
(d) Section 15(1)  permit applications are assessed by a single organisation – i.e., the Australian 
Antarctic Division (AAD) of the Department of  Climate Change, Energy the Environment and 
Water (DCCEEW) . Corresponding permits are also prepared by the AAD. Accordingly, 
propon ents need only approach one organisation.  G/LIC/N/3/AUS/16  
 
- 35 - 
 
  8.  An application for a permit will be refused if it is inconsistent with the requirements of the Heard 
Island and McDonald Islands Marine Reserve Management Plan  2014-2024, which includes the 
territory . The reaso ns for refusals are given to the applicant and the applicant has a right of appeal. 
Particulars of refusals to grant permits are published in the Commonwealth Government Gazette 
and those particulars are accompanied by a statement to the effect that, subje ct to the 
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals 
Tribunal for the review of the merits of a decision to refuse to grant a permit by or on behalf of the 
person or persons whose interests are affected by the decision. Alternatively, an appeal may be 
made on the decision -making process itself under the Administrative Decisions (Judicial Review) Act 
1977. 
Eligibility of importers to apply for licence  
9.(a) Not applicable.    
(b) Any person is eligible to a pply for a permit.  
Documentation and other requirements for application for licence  
10. The application should include the following information:  
• name and address of applicant ; 
• details of research location ; 
• any non -indigenous species being introduced to the territory ; 
• use of radioisotopes ; 
• details of sample specimens to be extracted ; 
• members of research team or field project ; and  
• organisation affiliated to research project.  
11. Permit requirements and the app lication process are described at: 
http://heardisland.antarctica.gov.au/protection -and-management/management -plan/permits . 
Visitor self -regulation is an important component of the territory 's environmental management 
regime.  
12. No fees or administration charges are currently imposed. Section 15(6) does, however, provide 
for the imposition of a permit issue fee not exceeding A$50.  
13. There is no deposit or advance payment requirement associated with the issue of licen ces. 
Conditions of licensing  
14. A permit's period of validity is dependent on the length of time that the applicant is scheduled 
to stay in the territory. A proponent may apply to extend a permit's period of validity.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licen ce. 
16. Permits are not transferable. However, a permit may be varied to  include additional names; and  
omit existing names.  
17. No.  
Other procedural requirements  
18. There are no other administrative processes required.  
19. Not applicable.  G/LIC/N/3/AUS/16  
 
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  16  INDUSTRIAL CHEMICALS  
Outline of System  
1. The Australian Industrial Chemicals Introduction Scheme (AICIS ) aids in the protection of the 
Australian people and the environment through the regulation of the introduction of industrial 
chemicals, the assessment and evaluation of the introduction and use of certain industrial chemicals 
and providing information an d recommendations to promote their safe use. Industrial chemicals 
include a broad range of chemicals used in inks, plastics, adhesives, paints, glues, solvents, 
cosmetics, soaps and many other products. The Executive Director assisted by staff from the  
Department of Health and Aged Care  (DoHAC)  administers the statutory AICIS, established under 
the Industrial Chemicals Act 2019  (IC Act). AICIS  assessments inform decisions made by a wide 
range of Commonwealth, state and territory  government agencies involved  in regulating the control, 
use, release and disposal of industrial chemicals. AICIS administers the following authorisation  
systems under the IC Act:  
• Chemical assessments and authorisations – The import and/or manufacture of industrial 
chemicals is auth orised under specific categories. Chemicals not listed on the Australian 
Inventory of Industrial Chemicals (Inventory) may be introduced under Exempted (very low 
risk introductions), Reported (low risk) or Assessed (medium to high risk) categories. 
Introdu cers will have to first categorise the chemical they wish to introduce by determining 
the indicative risk to human health and the environment  applying a defined set of critera . 
Commercial importers and/or manufacturers (introducers) are required to apply for 
assessment of a medium to high -risk chemical and upon completion an assessment certificate 
may be granted. Introducers are also required to apply to vary the Inventory list ing for an 
industrial chemical if their intended use differs from that specified in the listing. An introducer 
may apply for a commercial evaluation authorisation  in order to evaluate the commercial 
viability of industrial chemicals.  
• Registration of int roducers – establishes a Register of Industrial Chemical Introducers – A 
certificate of Registration authorises companies and persons to import and/or manufacture 
industrial chemicals into Australia . 
• International Conventions - is responsible for impleme nting the domestic obligations of the 
Rotterdam Convention for industrial chemicals  and the Minamata Convention on Mercury for 
mercury with industrial uses . Australia's import decisions for industrial chemicals listed in 
Annex III of the Rotterdam Conventi on reflects the current regulatory status of that chemical 
in Australia. More information can be obtained from:  
https://www.industrialchemicals.gov.au/chemical -information/banned -or-restricted -
chemicals/chemicals -listed -rotterdam -and-stockholm -conventions/apply -annual -import -
authorisation -rotterdam -convention . 
Rotterdam Convention - The importation of polychlorinated biphenyls (PCBs), and other substances 
obtained by chlorinating terphenyls (PCTs) and other polyphenyls, is prohibited under the provisions 
of the Customs Act 1901  (Customs Act)  and the Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations)  unless the permission in writing of the responsible Minister is granted and presented at 
the time of importation. The permission must be issued in the name of the owner. It may include 
strict conditions as to the application, disposal and destruction of the industrial chemicals.  
Under the Industrial Chemicals (General) Rules 2019, the introduction and export of chemicals listed 
in sections 72 and 73 is prohib ited without approval from the Executive Director, AICIS.  
Purposes and coverage of licensing  
2. Refer above for details of each licensing system and chemicals that are subject to each system 
under the IC Act.  
3. Chemical assessment and authorisation appli es to the importation and manufacture  of industrial 
chemicals (as defined in the IC Act) from all countries.  G/LIC/N/3/AUS/16  
 
- 37 - 
 
  4. International Conventions - The Rotterdam Convention applies to chemicals subject to the 
Convention originating in and coming from countries tha t are Parties to that Convention. T he purpose 
of the Rotterdam Convention is to promote shared responsibility and cooperative efforts among 
Parties in the international trade of certain hazardous chemicals in order to protect human health 
and the environme nt from potential harm. Systems for chemicals covered by the Rotterdam 
Convention apply to goods originating in and coming from countries that are Parties to that 
Convention. AICIS also authorises chemicals , for example tetraethyl lead , imported from countries 
which are not a Party to the Convention. The licensing of chemicals covered by the Rotterdam 
Convention is for the purpose of fulfilling Australia's obligations under that Convention. The monetary 
value is not a criterion for contr ol. 
See section 33 for measures for mercury with industrial uses under the Minamata Convention . 
5. Chemical assessment and authorisation - the registration process and the control on the 
importation of other industrial chemicals are prescribed in the IC Ac t. 
Registration of introducers – the purpose of registering all introducers is a legislative requirement 
under the IC Act. The risk from the importation of chemicals is borne by industry in the form of a 
charge based on the value of relevant industrial che mical imported/manufactured.  
International Conventions - the licensing of chemicals covered by the Rotterdam and Minamata 
Convention is for the purpose of fulfilling Australia's obligations under th ose Convention s. The 
monetary value is not a criterion for  control. The control on importation of PCBs, PCTs and 
polychlorinated polyphenyls is a statutory requirement under Regulation 4AB of the PI Regulations 
made under the  Customs Act . The Executive Director assisted by staff from DoHAC  administers the 
statuto ry scheme known as the AICIS, established under the IC Act.  
Procedures  
6. Not applicable.   
7.(a)  Chemical assessment and authorisation – Required authorising instruments (e.g., assessment 
certificates) must be obtained before the chemical is introduced i nto Australia under the 
appropriate category for that chemical.   
International Conventions – for the importation of PCBs, PCTs and polychlorinated polyphenyls 
application for a permit should be made in advance of the arrival of the goods.  
(b)  Chemical as sessment and authorisation – assessment certificates are issued after an 
assessment is completed. Statutory timeframes apply to assessment applications, commercial 
evaluation authorisations and applications to vary an Inventory listing.   
International Conventions – for the importation of PCBs, PCTs and polychlorinated polyphenyls 
permits cannot be issued immediately as they are only issued on the advice of the Department 
of Climate Change, Energy, the Environment and Water (DCCEEW) . 
For the remaining chemi cals listed on the Rotterdam Convention – within 20 business days as 
long as criteria are met.  
(c) All licen sing may be issued throughout the year.  
(d) International Conventions – for the importation of PCBs, PCTs and polychlorinated 
polyphenyls, a permit is issued by the Minister for Home Affairs on the advice of DCCEEW . 
Permissions to import PCBs are normally granted by the Department of Home Affairs for 
research purposes. However, PCB waste may also be imported under the Hazardous Waste 
(Regulations of E xports and Imports) Act 1989 , provided all the requirements of that Act have 
been met . For the remaining industrial chemicals listed on the Rotterdam Convention, written 
approvals are issued by AICIS.  
8. International Conventions – for the importation of PCBs, PCTs and polychlorinated polyphenyls an 
application for permission to import can be refused on the discretion of the Minister for Home Affairs G/LIC/N/3/AUS/16  
 
- 38 - 
 
  or an authorised person. There is no right of appeal against the Minist er's decision. For the remaining 
chemicals listed in the Rotterdam Convention, and the import/export of mercury for industrial uses, 
approvals are issued by AICIS and if approval is not granted a person whose interests are affected 
may request the Executiv e Director to reconsider the decision. An application may be made to the 
Administrative Appeals Tribunal for a review of a reconsidered decision.  
Eligibility of importers to apply for licence  
9.(a) Every person who introduces an industrial chemical in Aus tralia must be registered.  
(b) All persons, firms and institutions are eligible to apply for permission to import provided 
statutory requirements outlined above are met.  
Documentation and other requirements for application for licence  
10. Chemical assessment and authorisation – a comprehensive list of documentation and other 
requirements required for this process can be found on the AICIS website at 
https://www.industrialchemicals.gov.au/getting_started/basics -importing -and-manufacturing -
chemicals .    
International Conventions – applications for permits to import PCBs, PCTs and polychlorina ted 
polyphenyls must be made in writing to the Minister for Home Affairs. The application should include 
the importer's name and address and details of the goods to be imported.  
Applications for permission to import PCBs and PCTs can be made using the for m available at: 
https://www.abf.gov.au/form -listing/forms/1530.pdf .  
11. International Conventions – for the importation of PCBs, PCTs and polychlorinated polyphenyls, 
the written permission of the Minister for Home Affairs is required to be produced on import. For the 
remaining chemicals listed in the Rotterdam Convention, authorisation from AICIS is required to be 
in force at the time of importing the chem ical. 
12. A comprehensive list of all AICIS fees and charges can be found on the AICIS website at 
https://www.industrialchemicals.gov.au/fees . 
International Conventions – There are fees for import approvals for chemicals listed in the Rotterdam 
Convention under the IC Act. The fees and charges are available at: 
https://www.industrialchemicals.gov.au/fees . There are no fees for import or export approvals for 
mercury.  
13. There is no deposit or advance payment requirement associated with the issue of licences.  
Conditions of licensing  
14. Registration of introducers - AICIS Reg istration is valid for one year commencing on 1 September 
and finishing on 31 August.  
International Conventions - Rotterdam Permits (granted by the Minister for Home Affairs or an 
authorised person) apply to one consignment only.   
15.  There is no penalty  for the non -utilisation of a licence or a portion of a licence under the IC Act.  
16. Registration of introducers - permits/licences are not transferable between importers.  
17. All authorisations to import the chemicals listed in the Rotterdam Convention can be subject to 
conditions including the quantity. Permission granted under Regulation 4AB of the PI Regulations 
may specify conditions or requirements to be complied with by the holder of the permission.  G/LIC/N/3/AUS/16  
 
- 39 - 
 
  Other procedural requirements  
18. No.  
19. Not ap plicable.  
17  ROAD VEHICLES  
Outline of System  
1. Importation into Australia of road vehicles is controlled under the Road Vehicle Standards Act 
2018 (the RVS Act) and Road Vehicle Standards Rules 2019  (the RVS Rules). The RVS Act and the 
RVS Rules commenced in full on 1 July 2021 and replaced the Motor Vehicle Standards Act 1989  
(MVS Act) and associated regulations and determinations.  
Purposes and coverage of licensing  
2. Under the RVS Act, road vehicles are generally prohibited from being imported into Australia  
unless a person is permitted to do so by holding a valid import approval  (in limited circumstances , 
approvals are not required where road vehicles are imported under certain International 
Conventi ons, where the importation is covered by certain Australian customs by -laws, and where 
the importation is of certain Australian Defence Force Road vehicles) . 
The various approvals are described below.  
Road vehicles that are imported under "road vehicle typ e approvals " include vehicles that are fully 
compliant with Australia 's national road vehicle standards or are substantially compliant where the 
non-compliance is only in minor or inconsequential  respects , sufficient to make the vehicles suitable 
for provi sion in Australia for use on a public road.  
Road vehicles that are approved for importation under concessional import arrangements are 
vehicles not otherwise available in Australia, or subject to other special circumstances, and which 
do not or cannot meet  the national road vehicle standards. These vehicles may have particular 
features such as being high performance, low emission, or having accessibility features, or they may 
be designed to perform particular specialised jobs that fully compliant vehicles a re not capable of 
performing while still fulfilling their intended purpose. Concessional import arrangements limit the 
quantity of road vehicles that can be imported into Australia by the holders of relevant approvals, 
where those vehicles are personal eff ects or trailers. These quantity limits do not depend on the 
country from which these vehicles are imported into Australia. Road vehicles subject to concessional 
import arrangements are covered by 'concessional Register of Approved Vehicles ( RAV) entry 
approvals'.  
Road vehicles that are not, generally, to be used on a public road can also be approved for 
importation - for example, vehicles to be used in a race or rally, in testing and evaluation, or for 
public exhibition. These road vehicles are covered by 'non-RAV entry import approvals'.  
Certain road vehicles that are outside Australia can be approved for reimportation into Australia. The 
relevant approvals are 'reimportation import approvals'.  
3. The requirement in the RVS Act for an approval to import a road vehicle into Australia applies to 
the importation of all road vehicles from all countries.  
4. A purpose of the RVS Act is to set nationally consistent performance -based standards that road 
vehicles must comply with before being provided in Australia. Another purpose of the RVS Act is to 
provide consumers in Australia with a choice of road vehicles that:  
-  meet safety and environmental expectations of the community ; 
-  use energy conservation technology and anti -theft technology ; and  
-  are able to ma ke use of technological advancements.  G/LIC/N/3/AUS/16  
 
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  The RVS Act aims to achieve these purposes by requiring approvals to import road vehicles into 
Australia.  
5. The RVS Act and the RVS Rules are published on the  Federal Register of Legislation, accessible 
at https://www.legislation.gov.au/Details/C2021C00555 ; and 
https://www.legislation.gov.au/Details/F2022C00421  respectively.  
Legislative requirements for approvals are set out in the RVS Rules. Controls on the import of road 
vehicles are statutory requirements and ca nnot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  With the exception of applications for road vehicle type approvals, applications for approvals 
where there is no quantitative limit on importation are usually assessed wit hin 30 business 
days. Applications for road vehicle type approvals are usually assessed within 60 business 
days. However, these timeframes will be longer if further information or an inspection is 
requested to assist in the assessment process.  
(b) Requests  for immediate granting of approvals may be submitted for consideration, providing 
all statutory requirements for applications are met.  
(c) There are no limitations on the period of the year for the submission of applications for 
approvals.  
(d) Applications for approvals are considered by the Department of Infrastructure, Transport, 
Regional Development , Communications  and the Arts . 
8. There are no circumstances under which applications for approvals are refused other than failure 
to meet the sta tutory criteria in the RVS Rules. Reasons are provided to the applicant where a refusal 
is issued.  
Applicants may appeal a refusal decision to the Administrative Appeals Tribunal. Alternatively, an 
appeal may be made in relation to the decision -making proc ess itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. Generally, all persons may apply for approval to import vehicles into Australia. As set out below, 
some approvals can only be applied  for by particular persons, and the granting of some approvals 
is dependent on whether criteria that relate to the applicant are met.  
(a) Not applicable.  
 
(b) Under concessional import arrangements, a person can be approved to import into Australia 
a road vehicle that is to be imported as part of the person's personal effects. The eligibility 
criterion for the import of personal effects under these arrangements,  set out in section 39 of 
the RVS Rules, includes requirements that apply to the applicant. These requirements include 
that, as at the date of the application for an approval, the applicant:  
 
o is entitled to remain in Australia indefinitely ; or 
o has appl ied to become an Australian citizen or permanent resident, or for a visa that 
would allow the applicant to remain in Australia indefinitely ; or  
o is the holder of a visa that entitles the applicant to apply to become a permanent 
resident, whether or not a fter a specified period or in specified circumstances.  
 G/LIC/N/3/AUS/16  
 
- 41 - 
 
  Documentation and other requirements for application for licence  
10. Applications for road vehicle type approvals require applicant details, vehicle type details, details 
about relevant design and man ufacturing facilities, information about the person's control over 
design and manufacturing of the relevant road vehicle type, as well as information about compliance 
with applicable national road vehicle standards and whether the person that would be the approval 
holder has contravened or may have contravened road vehicle legislation. Application forms are 
electronic and can be accessed by registered users of the department's online application system, 
‘ROVER '. ROVER is accessible at the website of the Dep artment of Infrastructure, Transport, Regional 
Development, Communications and the Arts. 
Applications for concessional RAV entry approvals, non -RAV entry import approvals, and 
reimportation import approvals require applicant details, certain declarations, road vehicle details, 
as well as information about road vehicle use, compliance with applicable national road vehicle 
standards and information about whether the person who would be the approval holder has or may 
have contravened certain road vehicle legis lation. The information and documents required in 
particular applications will depend on the particular circumstances. Application forms are electronic 
and can be accessed by registered users of the department's online application system, ROVER.  
11. Impor ters must obtain approvals before a road vehicle can be imported into Australia. Importers 
are advised not to ship their road vehicle to Australia without first obtaining an approval.  
12. Application fees must accompany applications for approvals. The appl ication fee payable depends 
on the kind of application made. The amounts of the various application fees are set out in Part 10 
of the RVS Rules.  
13. Not applicable.  
Conditions of licensing  
14. A road vehicle type approval remains in force for either five or seven years  (as specified on the 
approval) , unless revoked earlier. A concessional RAV entry approval will specify the day that the 
approval comes into force, and the day (if any) that the ap proval expires. A non -RAV entry import 
approval will specify the day that the approval comes into force and, if the approval is for a specified 
period, the day that the approval expires.  
15.  There is no penalty for the non -utilisation of an approval or a portion of an approval.  
16.  Approvals are not transferable between importers.  
17.(a) Not applicable . 
(b) Conditions set out in the RVS Rules apply to approvals under concessional import 
arrangements to import into Australia a road vehicle that is to be imported as part of the 
person's personal effects, and approvals under concessional import arrangements to import 
into Australia a road ve hicle that is a trailer. These approvals can also be subject to any 
additional conditions specified in the approvals . 
Other procedural requirements  
18. Administrative requirements of the Australian Border Force and the Department of Agriculture, 
Fisheries and Forestry must be met before a road vehicle is imported into Australia.  
19. Not applicable.  G/LIC/N/3/AUS/16  
 
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  18  NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS  
Outline of System  
1. Licences and permits are issued to control the import of specified narcotic dr ugs, psychotropic 
substances and related chemicals, including  the importation of  kava as a food . 
Purposes and coverage of licensing  
2. This system fulfils part of Australia's obligation under three United Nations Conventions in relation 
to restricting the supply of controlled substances that are necessary to meet medical and scientific 
need and preventing diversion to the illicit drug market. The drugs covered are substances listed in 
Schedule 4 of the Customs (Prohibited Imports) Regulations 1956  (PI Regul ations). The licensing 
system covers persons involved in international trade of those substances listed in Schedule 4  of the 
PI Regulations , their derivatives, precursors and related substances , in addition to items listed under 
Schedule 7A and Schedule 8 of the PI Regulations . These include the drugs and chemicals required 
to be controlled under the Single Convention on Narcotic Drugs, 1961 , the Convention on 
Psychotropic Substances, 1971 , and Table I and Table II of the Convention against Illicit Traffic in 
Narcotic Drugs and Psychotropic Substances, 1988.  
An exemption applies in the case of a drug that is imported by a passenger on a ship or aircraft 
where the drug:  
(a): 
(i) is required for the medical treatment of the person or another passenger under the care 
of the person;  
(ii) was prescribed by a medical practitioner for the purpose of that treatment; and  
(iii) was supplied to the person in accordance with the prescription of the medical 
practitioner.  
(b): 
(i)  is required for the medical treat ment of an animal that is being imported and is under 
the care of the person;  
(ii) was prescribed by a veterinarian for use in the animal for the purposes of that 
treatment; and  
(iii) was supplied to  the person in accordance with the prescription of the ve terinarian.  
Incoming passengers who are over the age of 18 years are allowed to bring 4kg of kava ( Piper 
methysticum ) either in the root or dried form, other than a product listed or registered under the 
Therapeutics Goods Act 1989 , into Australia in their  accompanied baggage.  
3. The system applies to importers of controlled substances from all countries.  
4. The use of import licences and permits enables the Government to restrict and monitor the 
quantities of controlled substances imported. This is intended to prevent the over -supply and 
diversion of controlled substances and is one strategy adopted to address drug misuse  and diversion . 
The system is based on the requirements of the international treaties. The PI Regulations are not 
specifically intended to restrict the quantity or volume of imports.  
5. The Customs Act 1901 (Customs Act) and the PI Regulations govern the importation of drugs. 
The licensing of importers is a statutory requirement under paragraphs 50(3) (a) and (b) of the 
Customs Act. T he drugs subject to control are specified in Schedule 4 under Regulation 5 of the PI 
Regulations. This system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) There is no minimum advance notice required for a licence. H owever, stringent checks of 
applicants for licences are undertaken to issue a licence. Applications for an import permit 
should be made a minimum of 20 working days prior to import. Permits will only be issued to G/LIC/N/3/AUS/16  
 
- 43 - 
 
  a licensed importer  where a licence is requ ired. Goods arriving at the port without a permit 
cannot be imported and retrospective permits cannot be issued.  
(b) No. 
(c) No. 
(d) Import licences and import permits are both issued by the Department of Health  and Aged 
Care (DoHAC) . When considering lice nce applications, state licence or legislative exception 
must be supplied at the time of applying for a licence to import . The  company applying 
contacts the relevant state Authority. Other authorities may be contacted by the DoHAC  to 
verify application details (for example, the Australian Border Force for personnel checks of the 
company applying). The applicant does not need to approach these authorities.  
8. An application may be refused for any of the following reasons:  
• The criteria are not met. These criteria require the importer to be a ‘fit and proper person ' and 
maintain adequate security for storage.  
• If other permission is required but has not been obtained (for exampl e, quarantine, state 
licences).  
A licence or permit may be revoked if the licence holder fails to comply with the conditions of the 
licence or permit.  
The affected person is notified in writing of any refusal or revocation. A request for review of the 
refusal can be made to the Australian Government Minister administering the Therapeutic Goods Act 
1989, within 90 days after the decision first comes into the importer's notice. In the case of the 
applicant being dissatisfied with the Minister's finding, an ap plication for a review of the Minister's 
decision can be made to the Administrative Appeals Tribunal.  
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Any person, firm or institution may apply for a licence. A licence shall not be gr anted unless 
the applicant is a fit and proper person to be granted a licence to import drugs and suitable 
security arrangements for the holding of drugs are in place. A licence is granted subject to 
conditions concerning use, sale and distribution of the substances. Import permits are only 
issued to licence holders. state licence or legislative exception must be supplied at the time of 
applying for a licence to import.  Any person, firm or institution may apply for a licence  to 
import kava. If the kava is i mported as a food , only a commercial entity may apply  for an 
import permit, and a licence is not required . 
Documentation and other requirements for application for licence  
10. Applications for licences and permits must be submitted on either an ‘Applicatio n for a Licence 
to Import Controlled Substances ' or ‘Application for a Permit to Import Controlled Substances ' 
respectively.  
The following information must be supplied for a licence application:  
• name of the applicant (person or organisation);  
• address of the premises on which the controlled substance will be held;  
• nature of the business (e.g. pharmaceutical manufacture, chemical distribution, etc.);  
• classes of controlled substances to be held (e.g. narcotic drugs, psychotropic substances, 
precursor chemicals, laboratory standards, etc.);  
• details of licences held relating to the storage, manufacture or distribution of the substances;  
• details of any losses and/or thefts of controlled substances;  
• details of all persons who will hav e access to the controlled substances, including their 
positions and qualifications and specific background information to enable a security check;  G/LIC/N/3/AUS/16  
 
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  • details of the security arrangements for the storage, distribution and handling of the 
substances;  
• details r elating to the applicant's appointment of an agent (e.g. shipping agent, customs 
agent) ; and  
• proposed importing activity for the period of the licence including drug names and proposed 
quantities.  
The following information must be supplied for a permit ap plication:  
• importer's name and address ; 
• overseas exporter's name and address ; 
• product description (name, form and strength) ; 
• number and size of the packs ; 
• quantity of drug ; 
• proposed date of import ; and  
• where applicable, the name of the end user and the use  of the end substance.  
A separate Permit to Import  (import permit)  is required for every shipment of a controlled substance 
and will not be issued unless a licence is already held , where applicable . All permits must be obtained 
in advance of the controlled  substance arriving in Australia.  
11. The import permit is the required document and, for some substances, the corresponding 
overseas export permit.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirem ent associated with the issue of licen ces. 
Conditions of licensing  
14. Import licence validity can vary from six months to three  years depending on the substances 
being imported. Import permits are usually valid for up to six months.  
15. No. However, if a licence holder has not used the licence during the year and applies for a 
renewal, the applicant may need to justify retention of the licence.  
16. Licences and permits are not transferable.  
17. For licences, conditions apply to the keeping of  records and the reporting of movements. For 
permits, specific conditions may be endorsed on the permit (for example for re -export only or for 
veterinary use only).  
Other procedural requirements  
18. Importers of narcotic drugs, psychotropic substances and related chemicals for commercial 
supply should familiarise themselves with the requirements of the Therapeutic Goods Act 1989 in 
relation to the importation of therapeutic goods for supply in Australia.  
19. Not applicable.  
19  OBJECTIONABLE GOODS  
Outline of System  
1. Import controls exist on publications and goods that have been 'Refused Classification' by the 
Classification Board or if unclassified, would likely be refused classification if submitted for 
classification from entering Australia. Mat erial which is prohibited under Regulation 4A, Importation 
of Objectionable Goods, of the Customs (Prohibited Imports) Regulations 1956  (PI Regulations) may 
not be imported unless written approval has been granted from the Minister administering Part 2 of 
the Classification (Publications, Films and Computer Games) Act 1995  (the responsible Minister) or G/LIC/N/3/AUS/16  
 
- 45 - 
 
  by an authorised person; or the goods are being imported by an Australian police officer for the 
purposes of criminal investigation or law enforcement (inclu ding criminal prosecution).  
Under sub -regulation 4A(2A) of the PI Regulations, the responsible Minister has appointed the 
Director and Deputy Director of the Classification Board as authorised persons to grant permissions 
to import.  
Purposes and coverage o f licensing  
2. Objectionable goods include: computer games; computer generated images; films; interactive 
games; publications and any other goods that describe, depict, express or otherwise deal with 
matters of sex, drug misuse or addiction, crime cruelty,  violence or revolting or abhorrent 
phenomena in such a way that they offend against the standards of morality, decency and propriety 
generally accepted by reasonable adults to the extent that they should not be imported.  
The goods may also be considered o bjectionable if the goods describe or depict in a way that is likely 
to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 
(whether the person is engaged in sexual activity or not). The goods may also be considered  
objectionable if they promote, incite or instruct in matters of crime or violence, or promote or incite 
the misuse of a drug specified in Schedule 4 of the PI Regulations. The goods may be considered 
objectionable if they advocate the doing of a terrorist  act. Without limiting the  above, computer 
games classified RC (Refused Classification) under the Classification (Publications, Films and 
Computer Games) Act 1995  are also considered objectionable goods.  
3. The regulations apply to the importation of goods  from all countries.  
4. The importation of these goods is regulated as a community protection measure. Goods included 
are considered to be detrimental to the well -being of the community. The PI Regulations are not 
intended to restrict the quantity or value  of imports.  
5. The control on importation of the specified goods is a statutory requirement under Regulation  4A 
of the PI Regulations made under the Customs Act 1901  (Customs Act) . The system cannot be 
abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Requests for permission to import  should be made in advance of arrival of the goods. Requests 
to the Director or Deputy Director of the Classification Board generally take up to 20 working 
days to process assuming the person request ing the permission has provided sufficient 
information to allow a decision to be made. Requests may be made if goods land and are 
seized by the Australian Border Force. This may happen when a person inadvertently fails to 
apply in advance or does not reali se the goods would be prohibited. The same processing time 
applies, and the Australian Border Force will delay destruction of the goods once they are 
notified a request for permission has been made. If the permission to import is refused or 
granted subject  to conditions the person  will be notified of the decision in writing.  
(b) No.  
(c) Permits may be issued at any period of the year.  
(d) A request for permission to import can be refused, or granted subject to conditions, on the 
discretion of the responsible Minister, or a person authorised by the responsible Minister. The 
Australian Border Force is responsible for determining whether goods  are ‘objectionable ' at 
the border and may apply for classification if the good is a publication, film or computer game 
as defined in the Classification (Publications, Films and Computer Games) Act 1995 . 
8. Where an application is refused, or granted subje ct to conditions, application for review of this 
decision may be made to the Administrative Appeals Tribunal (AAT), and except where 
subsection  28(4) of the Administrative Appeals Tribunal Act 1975  applies, the applicant may request G/LIC/N/3/AUS/16  
 
- 46 - 
 
  a statement of reasons for the decision. The  responsible Minister may certify in writing that in the 
public interest the responsibility for permission or refusal should remain solely with the responsible 
Minister and should not be reviewable by the AAT. The certificate must incl ude a statement of the 
grounds on which the certificate was issued.  
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. For permission to import , applications must be made in writing to the responsible Minister or an 
authorised person (the Director, or Deputy Director of the Classification Board). The application 
should include t he following information:  
• importer's name and address;  
• details of the goods to be imported;  
• quantity and distribution (end use);  
• the purposes for which the goods are to be imported;  
• explanation and evidence of the extent to which the person to whom permiss ion would be 
granted conducts activities of an artistic, educational, cultural or scientific nature to which the 
goods relate;  
• evidence of the reputation of the person both in general and in relation to the activities 
described above;  
• explanation of the p erson's ability to meet any conditions that may be imposed in relation to 
the goods under sub -regulation 3 (i.e., custody, use, reproduction, disposal, destructions, 
exportation or accounting for the goods) ; and  
• any other relevant matters.  
Applications can  be sent to applications@classification.gov.au . We recommend you contact us  before 
applying.  
11. Proof of authorisation is required on importation.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licen ces. 
Conditions of licensing  
14. Permits apply to one consignment only.  
15. There is no penalty for the non -utilisation of a permission or a portion of a permission.  
16. Licences are not tran sferable between importers.  
17. Conditions may be applied regarding the custody, use, reproduction, disposal, destruction or 
exportation of the imported goods or with respect to accounting for the goods for the purpose of 
ensuring that the goods are not us ed otherwise than for the purposes for which permission was 
granted.  
Other procedural requirements  
18. No.  
19. Not applicable.  G/LIC/N/3/AUS/16  
 
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  20  ORGANOCHLORINE CHEMICALS  
Outline of System  
1. The importation of certain organochlorine chemicals (OCs) as listed in Schedule 1 of the 
Agricultural and Veterinary Chemicals (Administration) Regulations 1995  and Schedule 9 of the 
Customs (Prohibited Imports) Regulations 1956  (PI Regulations) is prohibi ted unless written 
permission, either from the Minister responsible for the Department of Agriculture , Fisheries and 
Forestry  (DAFF) or an authorised officer, is provided to the Australian Border Force (ABF) at the time 
of importation. An authorised officer means an officer of DAFF who is authorised in writing by the 
relevant Minister for the purposes of this regulation.  
Purposes and coverage of licensing  
2. OCs were once commonly used in agriculture and indus try; however, they have since been found 
to produce harmful effects on animals, people and the environment. The OCs subject to Australian 
import controls includes OCs controlled under domestic legislation and persistent organic pollutants 
that are listed u nder Schedule 1 of the Agricultural and Veterinary Chemicals (Administration) 
Regulations 1995 . Schedule 1 is amended from time to time, to, inter alia , reflect the Australian 
Government's ratification of decisions made by the Conference of the Parties to the Stockholm 
Convention on Persistent Organic Pollutants (Stockholm Convention).  
3. For OCs subject to domestic regulation , import controls apply to all countries. For  example,  the 
OCs listed in Schedule 1 of the Agricultural and Veterinary Chemicals (Adm inistration) Regulations 
1995 operate as Stockholm Convention import controls and apply to Parties to this Convention.  
4. The importation of these chemicals is regulated as a community protection measure. These 
chemicals are considered to be generally per sistent in the environment, relatively toxic and 
bio-accumulative. OCs listed in the Agricultural and Veterinary Chemicals (Administration) 
Regulations 1995  are intended to restrict imports, unless they are for uses or purposes allowed 
under the Stockholm Convention (e.g., specific exemption, acceptable purpose, laboratory -scale 
research, reference standard or environmentally sound disposal).  
5. The control on importation of the specified goods is a statutory requirement under Agricultural 
and Veterinary Ch emicals (Administration) Regulations 1995  and Regulation 5I of the PI Regulations  
made under the Customs Act 1901 . The system cannot be abolished without legislative approval.  
Australia is a Party to the Stockholm Convention and these import controls are r equired of all Parties. 
Australia would need to withdraw from the Convention in order to abolish these import controls.  
Procedures  
6. Not applicable, as no OCs are restricted on the basis of either the quantity or value of imports.  
7.(a) Application should  be made in advance of arrival of the goods. However, if the chemicals have 
arrived without a permit, the ABF may hold the shipment until a decision concerning an 
application is made.  
(b) Permits are not normally issued immediately. Applications for permit s are made to DAFF and 
normally processed within five business days.  
(c) No, permits may be issued at any period of the year.  
(d) Permits are issued by DAFF and are presented by the importer to the ABF at the time of 
importation.  
8.  Application for permis sion to import can be refused at the discretion of the Minister for Agriculture. 
Reasons for refusal would be explained to applicants. There is no right of appeal against the 
Minister's decision. However, an appeal may be made on the decision -making proces s itself under 
the Administrative Decisions (Judicial Review) Act 1977 . G/LIC/N/3/AUS/16  
 
- 48 - 
 
  Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requ irements for application for licence  
10. For permission to import, applications must be made in writing to the relevant Minister or 
authorised officer at http://www.agriculture.gov.au/ag -farm-food/ag -vet-chemicals/stockholm -
rotterdam . The application should include the following informat ion: 
• importer's name and address; and  
• details of the goods to be imported including the appropriate international codes, quantity, 
intended use, exporting country, date of import.  
11. The written permission of the Minister or authorised officer is required to be produced on import.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licen ces. 
Conditions of licensing  
14. Permits usually apply to one consignment on ly, typically valid for three months but may be 
extended given sufficient justification.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licen ce. 
16. Licences are not transferable between importers . 
17. Permission granted und er Agricultural and Veterinary Chemicals (Administration) 
Regulations  1995 and the PI Regulations  may specify conditions or requirements to be complied with 
by the holder of the permission, such as the use of the chemical (e.g., as a reference standard or 
for laboratory -scale experiment only). If the holder of the permission fails to comply with a con dition 
or requirement the Minister may revoke the permission.  
Other procedural requirements  
18. No.  
19. Not applicable.  
Further information can be found at https://www.agriculture.gov.au/ag -farm-food/ag -vet-
chemicals/stockholm -rotterdam . 
21  OZONE -DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  
Outline of System  
1. Australia manages its obligations under the Montreal Protocol on  Substances that Deplete the 
Ozone Layer  (Montreal Protocol)  for ozone depleting substances and hydrofluorocarbons (HFCs)  and, 
for synthetic greenhouse gases other than HFCs, the United Nations Framework Convention on 
Climate Change (UNFCCC) , through the Ozone Protection and Synthetic Greenhouse Gas 
Management Act 1989 . 
The import, export and manufacture of the ozone depleting substances - chlorofluorocarbons, 
halons, carbon tetrachloride, methyl chloroform, bromochloromethane and methyl bromide (for 
non-quarantine and pre -shipment use) is prohibited under the Montreal Protocol except where an 
essential or critical use exemption has been granted by the parties to the Montreal Protocol. The G/LIC/N/3/AUS/16  
 
- 49 - 
 
  importation of these substances is also prohibited under the Ozone Pr otection and Synthetic 
Greenhouse Gas Management Act 1989  and the  Customs (Prohibited Imports) Regulations 1956  (PI 
Regulations).  The phase -out of ozone depleting hydrochlorofluorocarbons (HCFCs) under the 
Montreal Protocol is almost complete. Control meas ures for HFCs under the Kigali Agreement to the 
Montreal Protocol commenced on 1  January  2019 to phase  down the production and import of HFCs.  
Australia's Montreal Protocol obligations are implemented through licensing controls and quota 
restrictions on H CFCs and HFCs, and licensing of imports of methyl bromide. A licence is required to 
import equipment containing HFCs. The import of equipment containing HCFCs is prohibited except 
in certain limited circumstances when an import licence may be granted.  
Australia controls the import and manufacture of other synthetic greenhouse gases 
(perfluorocarbons, sulphur hexafluoride and nitrogen trifluoride) in accordance with its obligations 
under the Kyoto Protocol of the UNFCCC. A licence is required to import, expo rt and manufacture 
synthetic greenhouse gases and to import products containing synthetic greenhouse gases.  
Purposes and coverage of licensing  
2.  The requirements of the licensing system are:  
• Controlled substances : 
o import, export or manufacture of bulk methyl bromide, with the quantity of methyl 
bromide permitted to be imported for non -quarantine and pre -shipment fumigations 
limited to the quantity approved by the Montreal Protocol;  
o import, export or manufacture of bulk HCFCs and HFCs, with import q uotas set in line 
with Montreal  Protocol phase -out obligations and Australia's domestic policy to 
accelerate phase -out of HCFCs and phase -down of HFCs;  
o import, export or manufacture  of bulk perfluorocarbons, sulphur  hexafluoride and 
nitrogen trifluoride, with no restrictions on quantity . 
• Essential  use: 
o import, export or manufacture of bulk hydrochlorofluorocarbons, chlorofluorocarbons, 
halons, carbon tetrachloride, methyl chloroform and bromochloromethane approved for 
essential use by the parties to the Montreal Protocol.  
• Used substances : 
o import and export of bulk used chlorofluorocarbons, halons, carbon tetrachloride, 
methyl chloroform, bromochloromethane, methyl bromide, hydrochlorofluorocarbons , 
hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and nitrogen trifluoride . 
• Equipm ent licences:  
o Import of pre -charged equipment containing synthetic greenhouse gases. The import 
of some equipment is restricted. The import of equipment containing ozone depleting 
substances is prohibited except in certain limited circumstances when a lice nce may be 
granted. Importers who import up to 25kgs of synthetic greenhouse gas (HFCs, 
perfluorocarbons, sulphur hexafluoride and nitrogen trifluoride) in equipment in a 
calendar year do not need an equipment licence.  
Licence conditions and reporting requ irements apply in relation to all licences issued.  
The import and manufacture of equipment that contains or is designed to operate solely on an HCFC 
is prohibited under the legislation, except in certain circumstances when an equipment licence may 
be grant ed. Exemptions apply to:  
• importing equipment insulated with foam manufactured with HCFC;  
• the equipment is incidental to the main import, and it is impractical to remove or retrofit the 
equipment (for example equipment incorporated into a large boat or dril ling rig);  G/LIC/N/3/AUS/16  
 
- 50 - 
 
  • the equipment is essential for medical, veterinary, defence, industrial safety or public safety 
purposes, and no practical and effective alternative exists;  
• the equipment is for use in conjunction with the calibration of scientific, measuring or  safety 
equipment; or  
• the equipment is for test, monitoring, or laboratory and analytical use where there is no 
practical and effective alternative to that equipment.  
Exemptions from licensing requirements apply in limited circumstances for the import or 
manufacture of certain products containing synthetic greenhouse gases. Exemptions have been 
approved for metered dose inhalers and imported foam products.  
3. The system applies to goods from all countries, with restrictions applying to trade of ozone 
depleting substances with countries that are not party to the Montreal Protocol.  
4. The licensing system implements Australia's legal obligations under the Montreal Protocol. As well 
as limits on production and consumption of ozone depleting substances and  HFCs leading to eventual 
phase -out or phase -down, the Montreal Protocol requires the establishment of a licensing and quota 
system.  
5. The legislation under which licences are maintained includes:  
• Ozone Protection and Synthetic Greenhouse Gas Management A ct 1989 ; 
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 ; 
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 ; 
• Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 ; 
• Ozone Protection and Synthe tic Greenhouse Gas (Import Levy) Regulations 2004 ; and  
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Regulations 2004.  
Licensing is a legislative requirement. It is an offence to import, export or manufacture a scheduled 
substance withou t a licence.  
The legislation does not leave designation of products to administrative discretion. All substances 
that require licences are specified in a schedule to the legislation. No other substances require 
licensing under this legislation.  
Importation  of ozone depleting substances and synthetic greenhouse gases and equipment 
containing these substances is prohibited under provisions of the Customs Act 1901  and the PI 
Regulations unless a licence has been obtained or the goods are exempt from licensing requirements.  
Procedures  
6. The quantity of controlled ozone depleting substances and HFCs that can be imported into 
Australia is limited through the Montreal Protocol. These limits and the quota system are also 
outlined in the Ozone Protection and Synthet ic Greenhouse Gas Management Act 1989 . There is no 
import limit on other synthetic greenhouse gases.  
I. Information on licences is published in customs notices, trade journals, on the Australian 
Government Department of Climate Change, Energy the Environment and Water (DCCEEW) 
website  and in an Australian database for business. DCCEEW  works directly with holders of 
existing licences and new applicants. There are no quotas on amounts to be imported from 
specific countries, but imports and exports of ozone depleting substances, and HFCs when the 
Montreal Protocol trade provisions c ommence in 2033, must be from countries that are Parties 
to the Montreal Protocol and its relevant amendments. The legislation does not provide for 
any exception or derogation from licensing requirements.  
II.  Licences for import of controlled substances, used substances and pre -charged equipment are 
issued for two years. Fixed end dates apply to controlled substances and used substances 
licences, while pre -charged equipment licences are valid for two years from the date of issue. 
Most controlled substance licences for an ozone depleting substance and HFCs specify the 
amount permitted to be imported or manufactured during the licence period. Essential use G/LIC/N/3/AUS/16  
 
- 51 - 
 
  licences are issued annually. Each licence specifies the maximum amount and type of 
substance to be impo rted for the entire duration of the licence.  
 HCFC and HFC import quotas are based on the total annual consumption (i.e. production plus 
imports, minus exports) limit under the Montreal Protocol, adjusted for Australia's accelerated 
phase -out and phase -down policy as applicable. Individual HCFC and HFC import quotas are 
based on past imports. There is provision for limited HFC quota allocation for new entrants.  
III.  Australia has no domestic manufacture of ozone depleting substances and synthetic 
greenhous e gases. All HCFC and HFC quota holders are importers of substances. Any company 
wishing to manufacture these substances in Australia would be subject to the same licensing 
and quota requirements as importers.  
Unused quotas are not added to those of the su cceeding period as limits under the Montreal 
Protocol and domestic legislation are not cumulative. The names of Australian importers are 
available to the public on the DCCEEW  website.  
IV. Licence applications may be made at any time. DEECCW  will seek licen ce reapplications for a 
new licence period up to six months prior to the commencement of the licence period.  
Consideration of a licence application may take up to 60 days. The Ozone Protection and 
Synthetic Greenhouse Gas Management Act 1989 provides that if after 60 days the Minister 
or delegate has not granted a licence or sought more information, the application is deemed 
to be refused, unless a formal request for additional information has been made. A request 
for more information provides 60 days from the date the information is received for the 
application to be granted or refused. If it is not granted in this period it is deemed to be 
refused.  
V.  See IV above.  
VI.  Licences can be granted at any time before or during a licence period.  
VII.  The authority to grant or refuse licences lies with the Minister for the Environment. This power 
has been delegated to certain officers in DCCEEW . Applicants need only apply to DCCEEW.  
VIII.  There is no limit to the number of licences that can be issued u nder the Ozone Protection and 
Synthetic Greenhouse Gas Management Act 1989 . The quantity of ozone depleting substances 
and HFCs that can be imported is limited under the Montreal Protocol and the Ozone Protection 
and Synthetic Greenhouse Gas Management Act  1989. HCFC and HFC imports are managed 
through a quota system, based on past imports. There is provision for HFC quota allocation 
for new entrants.  
IX.  Not applicable.  
X.  Not applicable.  
XI.  Not applicable.  
7. Not applicable.  
8. A licence may be refus ed if the applicant does not meet ordinary criteria. Where applications are 
refused, applicants will be given the reasons for such refusal on request. An applicant may apply to 
the Administrative Appeals Tribunal for a review of the decision not to approve  a licence. 
Alternatively, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977.  
Eligibility of importers to apply for licence  
9.(a) Noting the quota restrictions for HCFC and HFC imports , all persons, firms and institutions are 
eligible to apply for licences.  G/LIC/N/3/AUS/16  
 
- 52 - 
 
  (b) Not applicable.  
Documentation and other requirements for application for licence  
10. Controlled Substance, Essential Use, Used Substance and Pre -charged Equipment application 
forms are available on the DCCEEW  website at: Import and export licences . 
11. Upon importation, an importer must present standard customs documentation along with a valid 
licence issued under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . 
12. Licence application fees are charged. Fees are: Controlled substanc es - $15,000; Essential Use 
- $3,000; Used Substance - $15,000; and Pre -charged Equipment - $3,000.  
In addition, licence holders are required to pay a six -monthly activity fee: HCFC - $3,000 per ODP 
(Ozone Depleting Potential) tonne; Methyl Bromide - $135 per metric tonne; synthetic greenhouse 
gases - $165 per metric tonne.  
13. There is no deposit or advance payment requirement associated with the issue of licences.  
Conditions of licensing  
14. Licences are valid for the licence period and cannot be extended . 
15. There is no penalty for the non -utilisation of a licence or a portion of a licence.  
16. Yes. Transferee must be a fit and proper person to be a licence holder. A joint application by the 
transferor and transferee is made to DCCEEW . 
17. Licensees are not permitted to trade in ozone depleting substances with non -parties to the 
Montreal Protocol. General conditions of the licence are that the licensee must have arrangements 
in place to manage their product at its end of life, generally through a product stewardship scheme; 
and must provide six -monthly activity reports and pay the appropriate import levy, as per the Ozone 
Protection and Synthetic Greenhouse Gas Management Act 1989 . 
Conditions may also apply to the purpose to which the imported substance is  to be applied if its 
import has been approved for a specific purpose through the Montreal Protocol.  
Other procedural requirements  
18. No.  
19. Not applicable.  
22  PLASTIC EXPLOSIVES  
Outline of System  
1. The importation of plastic explosives is generally prohibited under provisions of the Customs Act 
1901 (Customs Act) , the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and the 
Criminal Code Act 1995 (Cth) (Criminal Code). Importation is  lawful if the responsible Minister  (the 
Australian Federal Police ( AFP) Minister  or the Minister for Defence ) has issued a permit under the 
PI Regulations and, if applicable, an authorisation is provided under the provisions of the Criminal 
Code. The Crim inal Code regime fulfils part of Australia's obligation under the United Nations 
Convention on the Marking of Plastic Explosives for the Purpose of Detection  (Montreal, 1991) (the 
Convention).  
Purposes and coverage of licensing  
2. The goods covered are pla stic explosives. Different requirements apply depending on whether 
plastic explosives are "marked " with a chemical marker specified in the Criminal Code.  G/LIC/N/3/AUS/16  
 
- 53 - 
 
  3. The Department of Home Affairs and state and territory import licensing and permissions systems 
apply to importers of plastic explosives from all countries, regardless of whether the explosives are 
marked.  
The Criminal Code requirements apply to both imported and domestically produced explosive 
products from all countries. That authorisation scheme applies to importers of plastic explosives that 
are not marked.  
4. The PI Regulations are not intended to restrict the quantity or volume of imports. There are no 
restrictions in relation to the quantity or value of imports of unmarked plastic explo sives under the 
Criminal Code regime. However, in exercising power to grant an authorisation, the  responsible  
Minister may have regard to whether the import of unmarked plastic explosives is reasonable.  
5. The control of plastic explosives is a statutory r equirement under Regulation 4AA of the PI 
Regulations made under the Customs Act . The control cannot be abolished without legislative 
approval. The provisions requiring Authorisation to be obtained for certain dealings with unmarked 
plastic explosives unde r the Criminal Code cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.    
7.(a) No specific timeframe. However, it is recommended that the application forms are completed 
and submitted at least six weeks before the goods' expect ed arrival in Australia.  
In addition, the importer must provide the state or territory Permit or Licence to import plastic 
explosives on the Application for Permission to import plastic explosives form and on the 
Manufacturers Certificate, relevant to the Home Affairs and Criminal Code regimes 
respectively. In the case of unmarked plastic explosives, an Application for Authorisation to 
import unmarked plastic explosives should be lodged with the Department of Home Affairs 
before seeking permission to import . 
(b) A permit to import would not normally be granted immediately as some conditions must be 
fulfilled. Checking of applicants' suitability to hold a permit generally takes some time and 
therefore permits cannot generally be issued immediately upon reques t. 
An Application for an Authorisation under the Criminal Code regime must be submitted to the 
Department of Home Affairs for consideration and, if the Application is approved, an 
instrument of authorisation is executed and provided to the applicant. The p rocess may take 
approximately two to three weeks.  
(c) No. 
(d) Granting permission for the importation of plastic explosives involves state and territory 
licensing authorities, and the Department of Home Affairs. Authorisations and Permissions to 
import unm arked plastic explosives and Permissions to import marked plastic explosives are 
granted by the responsible  Minister or an authorised officer.  
8. Unless otherwise stated, the regulations allow the  responsible  Minister to consider whatever he 
or she believe s necessary in forming a view as to whether or not to grant a permit. An import permit 
issued by the  responsible  Minister, or an authori sed person may be revoked if the permit holder 
engages in conduct that contravenes a condition or requirement of the per mission.  
An authorisation to import unmarked plastic explosives may be refused by the responsible Minister 
if he or she considers that the proposed importation is unreasonable and/or considers that the 
authorisation ought not be granted having regard to su ch matters as he or she considers relevant. 
An application may be made to the Administrative Appeals Tribunal for review of the Minister's  
decision to refuse to grant an Authorisation or the Minister's decision to specify a condition or 
restriction in an A uthorisation made under section 72.18(1) (authorisation for research), section 
72.20(1) (authorisation for use of existing stocks) or section 72.21(2) (authorisation for 
manufacturers).  G/LIC/N/3/AUS/16  
 
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  The responsible  Minister or his or her authorised officer would be req uired to give reasons for refusing 
to grant an Authorisation. If the  responsible  Minister's decision is affected by jurisdictional error or 
error of law, it is susceptible to judicial review under the Administrative Decisions (Judicial Review) 
Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Any person, firm or institution may apply for a permit. A permit shall not be granted unless 
the applicant is a fit and proper person to be granted a permit to import plastic explosives. 
Individuals, institutions, or corporations are eligible to apply for an authorisation to import 
unmarked plastic explosives.  
Documentation and other requirements for application for licence  
10.  In order to import unmarked plastic explosives im porters will need to complete:  
• an application for authorisation to either manufacture, possess, traffic in, import or export 
unmarked plastic explosives;  
• an application for permission to import unmarked plastic explosives; and  
• a manufacturer 's certificate.  
In order to import marked plastic explosives importers will need to complete:  
• an application for permission to import marked plastic explosives ; and 
• a manufacturer 's certificate.  
A state or territory licence or permit must be obtained before the responsib le Minister can  authorise  
the importation of plastic explosives and before the plastic explosives arrive in Australia. If the 
permission to import plastic explosives (and authorisation if the plastic explosives are unmarked) is 
obtained from the  responsibl e Minister, a permit number will be issued. This permit number must 
be presented to the Department of Home Affairs at the time of lodging an import declaration.  
Further information, including relevant documents required to lodge an application for permissi on to 
import, is available at https://www.abf.gov.au/importing -exporting -and-manufacturing/prohibited -
goods/list -of-items .  
11. A state or territory import licence or permit is required on actual importation of marked or 
unmarked plastic explosives. In addition to the state or territory licence or permit, additional 
documentation must be completed as specified in resp onse to question (10) above.  
12. A state or territory import licence or permit is required on actual importation of marked or 
unmarked plastic explosives. In addition to the state or territory licence or permit, additional 
documentation must be completed a s specified in response to question (10) above.  
13. No deposit or advance payment is required. No deposit or advance payment is associated with 
the issue of permissions or authorisations by the Minister.  
Conditions of licensing  
14. The period of validity f or the authorisation depends on the section under which the authorisation 
is granted and is specific to the application.  An authorisation under Section 72.18 (Authorisation for 
research etc.) is a point in time authorisation of an application to import, ex port, manufacture or 
possess unmarked plastic explosives.  Authorisations under 72.19 (Defence or Police purposes) 
ceased to have effect on 26 August 2022 and are no longer valid. Authorisations under 72.22 
(overseas defence purposes) and 72.23 (overseas Au stralian Federal Police purposes) have 7 day 
limits.  G/LIC/N/3/AUS/16  
 
- 55 - 
 
  15. There is no penalty for non -utilisation of a permit. However, if a permit holder has not used the 
permit during the year and applies for a renewal, the applicant may need to justify retention of the 
permit. There is no penalty for non -utilisation of an authorisation issued by the Minister.  
16. Permits and authorisations issued by the Department of Home Affairs are not transferable and 
apply only to those applicants to whom the authori sation was initially granted.  
17.(a) Not applicable.  
(b) The importation of unmarked plastic explosives (which are not subject to quantitative 
restriction) may be subject to such conditions and restrictions as the responsible Minister may 
specify in the authorisation. Such conditions may include a requirement th at future stocks of 
unmarked plastic explosives be purchased only from a specified source and/or that the 
applicant inform the Department of Home Affairs of any additional consignments of unmarked 
plastic explosives acquired following the grant of an Autho risation . 
Other procedural requirements  
18. No.  
19. Not applicable.  
Links to the relevant Acts and Regulations are as follows : 
• Criminal Code Act 1995 : https://www.legislation.gov.au/Details/C 2021C00360 ; 
• Customs Act 1901 : https://www.legislation.gov.au/Details/C2021C00307 ; 
• Customs ( Prohibited  Imports) Regulation s 1956: 
https://www.legislation.gov.au/Details/F2021C00545 ; and  
• United Nations Convention on the Marking of Plastic Explosives for the Purpose of Detection  
(Montreal, 1991): https://treaties.un.o rg/Pages/DB.aspx?path=DB/studies/page2_en.xml . 
 
23  RADIOACTIVE SUBSTANCES  
Outline of System  
1. The importation of radioactive substances and goods containing radioactive substances is 
prohibited under the provisions of the Customs Act 1901  (Customs Act)  and Customs (Prohibited 
Imports) Regulations 1956  (PI Regulations) unless the permission in writing is granted by the 
Australian Minister for Health, the CEO of the Australian Radiation Protection and Nuclear Safety 
Agency (A RPANSA) appointed in writing by the Minister, or an Australian Public Service employee 
assisting the CEO appointed in writing by the Minister as an authorised officer, and that permission 
is presented to the Australian Border Force  (ABF)  at the time of imp ortation. In order for a permit 
to be considered, the entity taking possession of the sources, including the recipient/s, must hold a 
valid and current radiation licence to possess, sell or store radioactive substance, where required. 
The radiation licence is obtained from the relevant Commonwealth, State or Territory radiation 
regulatory control authority where required.  
Purposes and coverage of licensing  
2. The goods covered include any radioactive material or substance including radium, any radioac tive 
isotope or any article containing any radioactive material or substance.  
3. The PI Regulations apply to the importation of radioactive substances from all countries.  
4. The importation of radioactive substances is regulated as a community protection measure and 
to comply with Australia's international obligations under the Basel Convention on the Control of 
Trans-boundary Movements of Hazardous Wastes . The PI Regulations are not intended to restrict 
the quantity or volume of imports.  G/LIC/N/3/AUS/16  
 
- 56 - 
 
  5. The control on importation of the specified goods is a statutory requirement under Regulation  4R 
of the PI Regulations made under the Customs Act . The system cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Application should be made in advance of the arrival of the goods.  
(b) Permits to import are granted when it is established that the recipient/s taking possession of 
the radioactive substances have ob tained the required radiation licence , where required, from 
the relevant Commonwealth, state or territory  radiation control authority. For the import of 
radioactive substances, the relevant Commonwealth, state or territory  radiation control 
authority is ad vised of the application for permission to import.  
(c) Permits may be issued at any period of the year.  
(d)  A permit is issued by the Minister for Health, the CEO of ARPANSA or an Australian Public 
Service employee assisting the CEO appointed in writing b y the Minister as an authorised 
officer. Application  forms, and instructions for completing the forms, are available on the 
ARPANSA website ( https://www.arpan sa.gov.au/regulation -and-licensing/licensing/import -
export -permits ). 
Before submitting an application for permission to import, the recipient/s taking possession of the 
radioactive substance must hold a valid radiation licence , where required, from the relevant 
Commonwealth, state or territory  radiation control authority. The licence number and licence details 
must be stated on the application form.  
8. Application for permission to import can be refused on the discretion  of the Minister for Health. 
There is no right of appeal against the Minister's decision. However, an appeal may be made on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import  
Documentation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to ARPANSA on the appropriate 
form available on the ARPANSA website: https://www.arpansa.gov.au/ . The application should 
include the following information on the permit application form:  
• applicant's name and address ; 
• end users name and address ; 
• storage premises details ; 
• details of the radioactive substance ; 
• details of the goods to be imported ; and  
• details of the radiation licence . 
Application forms are available on the ARPANSA Website ( https://www.arpansa.gov.au/regulation -
and-licensing/licensing/import -export -permits ). 
11. The written permission from the Minister for Health, or an authorised officer, an approved signed 
import permit, is required to be produced on import.  G/LIC/N/3/AUS/16  
 
- 57 - 
 
  12. ARPANSA has an administrative charge for the granting of a single shipment pe rmit, and for the 
granting of a Twelve -Month Permit as per the charge fee structure on the ARPANSA website: 
https://www.arpansa.gov.au/regulation -and-licensing/licensing/import -export -permits . 
13. There is no deposit or advance paym ent requirement associated with the issue of permits.  
Conditions of licensing  
14. Permits for the importation of medical or non -medical radioisotopes may apply to one 
consignment only or may apply for a number of importations for a specified twelve -month p eriod 
(Twelve -Month Permit). Twelve -Month Permits are issued for the importation of radiopharmaceutical 
drugs registered on the Australian Register for Therapeutic Goods (ARTG) and for low hazard 
radioactive materials. The holder of a Twelve -Month Permit i s required to confirm that the distributor 
requesting the product(s) holds an appropriate radiation licence or is exempt from radiation 
licensing. A single shipment permit is valid for six months.  
15. There is no penalty for the non -utilisation of a permi t or a portion of a permit.  
16. Permits are not transferable between importers or permit applicants.  
17.(a) Not applicable.  
(b) Permission granted under Regulation 4R of the PI Regulations may specify conditions or 
requirements to be complied with by the h older of the permission.  
All forms and requirements for import of radioactive substances can be found on the ARPANSA 
website at https://www.arpansa.gov.au/reg ulation -and-licensing/licensing/import -export -permits . 
Other procedural requirements  
18. No.  
19. Not applicable.  
24  ROUGH DIAMONDS  
Outline of System  
1. Australia is a participant to the Kimberley Process (KP) and the Kimber ley Process Certification 
Scheme (KPCS). Australian legislation implements our obligations under this international 
agreement.  
The importation of rough diamonds is prohibited under regulation 4MA of the Customs (Prohibited 
Imports) Regulations 1956 (PI Reg ulations) unless the diamonds are transported in a tamper -proof 
container, exported from a country that is a participant of the KPCS and accompanied by a valid KP 
Certificate , and the original certificate is produced to a collector at or before the time of  importation . 
KP Certificates are issued by the relevant export authority in the country exporting the goods to 
Australia. An original and valid KP Certificate must be presented to the Australian Border Force (ABF) 
at the time of importation.  
The importer must retain the original KP Certificate for a period of five years after the time of 
importation. The certificate must be made available to the Department of Industry, Science  and 
Resources (DISR) if requested.  
The Department of Foreign Affairs and Trade  (DFAT)  is Australia's lead Policy KP Focal Point, the ABF 
within the Home Affairs Portfolio is the import authority for the KPCS in Australia and DISR is the 
export authority for the KPCS in Australia.  G/LIC/N/3/AUS/16  
 
- 58 - 
 
  Purposes and coverage of licensing  
2. The KP is an in ternational agreement aimed at preventing the entry of "conflict diamonds " into 
the legitimate global supply chain. The trade in conflict diamonds is a matter of serious international 
concern, which can be directly linked to the fuelling of armed conflict,  the activities of rebel 
movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, 
and proliferation of small arms and light weapons.  
"Rough diamonds " means diamonds that are unworked or simply sawn, cleaved or brut ed and fall 
under the relevant Harmonised Commodity Description and Coding System 7102.10, 7102.21 and 
7102.31.  
3. The KPCS is an international certification scheme that outlines the rules and standards that govern 
global trade and production of all rough diamonds and applies to all Participant countries of the KP.  
Participants of the KP must meet the terms of KPCS, including issuing export certificates to verify 
rough diamonds are conflict free.  
Under the terms of the KPCS  participants must:  
• satisfy minimum requirements and establish national legislation, institutions and 
import/export controls ; 
• commit to transparent practices and to the exchange of critical statistical data ; 
• trade only with fellow members who also satisfy the fundamentals of the agreement ; and 
• certify shipments as conflict -free and provide the supporting certification.  
4. The KPCS is not intended to restrict the quantity or value of imports.  
5. The control of imports of rough diamonds is a statutory require ment under regulation 4MA of the 
PI Regulations , made under the Customs Act 1901 . The system cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7. (a)  Application for and issue of a KP Certificate needs to be made in advance of  arrival of the 
goods.  
(b) KP Certificates are not normally issued immediately. The time taken to issue a KP Certificate 
is dependent on the time taken for completion of a number of checks by the exporting 
authority issuing the certificate. In some cases,  this may take up to several weeks.  
(c) No, permits may be issued at any period of the year.  
(d) KP Certificates are only issued by the exporting authority of a recognised KP Participant. KP 
Certificates are presented to the importing authority of a recogn ised KP Participant on import.  
8. Application for a KP Certificate to export rough diamonds can be refused at the discretion of the 
Exporting Authority in the exporting country. Reasons for refusal may or may not be provided to the 
applicant and will depen d on the exporting authority protocols and internal controls.  
Eligibility of importers  to apply for licence  
9.(a) Any person, firm or institution is eligible to apply to an authorised KP Participant exporting 
authority for a KP Certificate.  
(b) Not applica ble. G/LIC/N/3/AUS/16  
 
- 59 - 
 
  Documentation  and other requirements for application for licence  
10. For permission to import rough diamonds, the importer must apply for a KP Certificate from the 
Exporting authority of the export country. Applications are made in writing and must pr ovide the 
following:  
• importer's name and address ; 
• proof of origin of rough diamonds being exported ; 
• original receipt of purchase of rough diamonds ; 
• an affirmative statement declaring all rough diamonds are produced from legitimate sources 
and are not conflict diamonds ; 
• country of import ; 
• carat weight ; 
• total value ; and 
• any other information as requested by the KP Participant exporting authority.  
11. The original KP Certificate must be presented to the ABF at the time of importation.  
12. Fees and charges  for the issue of a KP Certificate is at the discretion of the KP Participant. Some 
KP Participants do charge a fee, while others do not.  
13. Not applicable.  
Conditions  of licensing  
14. A KP Certificate is typically valid for a two -month period. However, K P Exporting Authorities can 
determine different expiry timeframes as required. This may be the case for frequent exporters. KP 
Certificates cannot be extended. If a KP Certificate is not presented to an importing authority of a 
KP Participant country prior  to the expiry date, the exporter must apply for a new KP Certificate.  
15. There is no penalty for the non -utilisation of a KP Certificate.  
16. KP Certificates are not transferable between importers.  
17. Specified conditions for issuing a KP Certificate ar e set out by each individual KP Participant.  
Other procedural  requirements  
18. No.  
19. Not applicable.  
25  SECURITY SENSITIVE AMMONIUM NITRATE  
Outline of System  
1. The importation of security sensitive ammonium nitrate (SSAN) is prohibited under the provision s 
of the Customs Act 1901  (Customs Act)  and Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations)  unless:  
(a) Permission has been granted for the importation by the state/territory authority where the 
goods will be located immediately after arrival and that is presented to the Australian Border 
Force (ABF)  at the time of importation; or  
(b) the state/territory  does not require permission to import.  
A licence is required to import SSAN into the following states and Territories: Queensland, New  South 
Wales, Australian Capital Territory, Victoria, Tasmania, Western Australia and South Australia.  G/LIC/N/3/AUS/16  
 
- 60 - 
 
  Purposes and coverage of licensing  
2. The goods covered include SSAN. SSAN is ammonium nitrate, a mixture or emulsion made up of 
more than 45% ammonium nitrate, but not ammonium nitrate in solution.  
3. The PI Regulations apply to the importation of goods from all countries.  
4. The importation of SSAN is regulated as a community protection measure. SSAN is a chemical of 
security concern and is regulated by the states/territories under dangerous goods legislation. The PI 
Regulations are not intended to restrict the quantity or vol ume of imports.  
5. The control on importation of the specified goods is a statutory requirement under Regulation 4X 
of the PI Regulations made under the Customs Act . The system cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.    
7. (a) Applications for import licences should be made at least seven  working days in advance of the 
importation. Licences are granted by state/territory authorities. Where other licences for SSAN 
are held (e.g., export) a shorter timeframe may apply.  
(b) Licences cannot be issued immediately as the licence holders need to satisfy a number of 
conditions under the relevant state/territory legislation that the licence is granted under.  
(c) Licences may be issued at any period of the year.  
(d) The licences are specific to each state/territory within Australia. This means that to import 
SSAN into more than one jurisdiction, multiple authorities need to be approached. 
The licensing authority in each state/territory consults other government agenci es in the 
licensing process.  
8. Licence applicants must satisfy the requirements of the legislation in the relevant jurisdiction. 
Appeal provisions are managed by those jurisdictions.  
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import although they 
must satisfy the requirements of the legislation in the jurisdiction where they are applying for 
the licence.  
Documentation and other requirements for applicat ion for licence  
10. Applications for licences must be made to the relevant state/territory authority on the approved 
form for that state/territory and include all relevant particulars. The documents required to be 
submitted vary depending on the jurisdicti on and whether the applicant holds other licences for 
SSAN or other dangerous goods.  
The relevant agencies are:  
State/Territory  Agency  
Queensland  Department of Natural Resources, Mines and Energy  
New South Wales  Safework  NSW 
Australian Capital Territory  WorkSafe ACT  
Victoria  WorkSafe Victoria  
Tasmania  Worksafe  Tasmania  
Western Australia  Department of Mines , Industry Regulation and Safety  
South Australia  SafeWork S A 
 G/LIC/N/3/AUS/16  
 
- 61 - 
 
  11. Where permission is required in the state/territory of importation, the permission from the 
relevant state/territory authority must be produced to the ABF on import . 
12. Licensing fees are charged by the state/territory licensing authorities and vary depen ding on the 
type of licence sought.  
13. There is no deposit or advance payment requirement associated with the issue of licen ces. 
Conditions of licensing  
14. Licensing periods vary in each jurisdiction. They range from one year to five years.  
15. There is no penalty for the non -utilisation of a licen ce or a portion of a licence . 
16. Licences are not transferable between importers . 
17. Licences may impose conditions to be complied with.  
Other procedural requirements  
18. Not applicable.  
19. Not applicable.  
26  TABLET PRESSES AND ENCAPSULATORS  
Outline of System  
1. The importation of tablet presses and encapsulators is prohibited under provisions of the Customs 
Act 1901  (Customs Act) and the Customs (Prohibited Imports) Regulations 1956  (PI Regulations) 
unless the permission of the Minister for Home Affairs, or an authorised person, has been obtained.  
Purposes and coverage of licensing  
2. Tablet presses are defined as any equipment which can be used for the compaction or moulding 
of powdered or granular solids, or semi -solid material to produce coherent solid tablets. 
Encapsulators are defined as any equipment which can be used for the c omplete envelopment of 
powdered or granular solids, semi -solid material, liquids, or gases to produce coherent solid 
capsules.  
3. The equipment may be manual, semi -automatic or fully automatic and may be not complete, 
temporarily or permanently inoperable,  or unfinished.  
4. The PI Regulations are not intended to restrict the quantity or volume of imports. A permission 
can specify conditions or requirements including times for compliance and the number of tablet 
presses allowed to be imported. The Minister for Home Affairs or an authorised person has the power 
to revoke permission where the holder does not comply with a condition or requirement. The 
manufacture and distribution of amphetamine type stimulants is a serious problem in Australia and 
preventing t he importation of tablet presses/encapsulators for use in illicit markets is an important 
way of reducing domestic production.  
5. The control on the specified goods is a statutory requirement under Regulation 4G of the PI 
Regulations made under the Customs  Act. The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  G/LIC/N/3/AUS/16  
 
- 62 - 
 
  7. Where there is no quantitative limit on importation of a product or on imports from a particular 
country:  
(a)  Application should be made in advance of arr ival of the goods.  
(b)  A permit to import would not normally be granted immediately as some conditions must be 
fulfilled. Checking of applicants' suitability to hold a permit generally takes some time and 
therefore permits cannot generally be issued immed iately upon request. The application 
process generally takes six to eight weeks. In some circumstances , this process may take 
longer as the Department of Home Affairs relies on other law enforcement agencies to provide 
information to enable the authorised officer to make an informed decision on each application.  
(c) Permits may be issued at any period of the year.  
(d) Granting permission for the importation of tablet presses/encapsulators involves state and 
territory authorities and the Department of Home A ffairs. Advice received from the relevant 
state or territory police force and the Australian Criminal Intelligence Commission (ACIC) plays 
a major role in the decision -making process. The Department of Home Affairs takes the 
responsibility to contact state  and territory authorities as part of the decision -making process.  
8. Application for permission to import can be refused at the discretion of the relevant Delegate. 
Reasons for refusal are given to applicants. Applicants refused permission to import may a ppeal the 
decision -making process under the Administrative Decisions (Judicial Review) Act 1977.  
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for applicatio n for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised person. 
The application should include supporting documentation to possess the goods and/or any relevant 
end user evidential documentation. The application form can be f ound at: 
https://www.abf.gov.au/form -listing/forms/b712.pdf .    
11. The original permission from the Minister for Home Affairs or authorised person is requi red upon 
importation.  
12. There is no licensing fee.  
13. There is no deposit or advance payment requirement associated with the issue of licen ces. 
Conditions of licensing  
14.  T he permission is valid for 12 months from the date of signature. However, the M inister for 
Home Affairs may specify a time period for the validity of the permission.  
15.  There is no penalty for the non -utilisation of a licen ce or a portion of a licence.  
16.  Permits/licen ces are not transferable between importers.  
17.  Conditions ma y be imposed on the permission and quantities are specified.  
Other procedural requirements  
18. No.  
19.  Not applicable.  G/LIC/N/3/AUS/16  
 
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  27  THERAPEUTIC SUBSTANCES AND GOODS  
Outline of System  
1.  Importation into Australia of therapeutic goods for human use is controlled under the Therapeutic 
Goods Act 1989  (Therapeutic Goods Act) , the Therapeutic Goods Regulations 1990  (Therapeutic 
Regulations ), and the Customs (Prohibited Imports) Regulations 195 6 (PI Regulations).  
Under the Therapeutic Goods Act , therapeutic goods may not be imported into Australia unless they 
are registered, listed or included in the Australian Register of Therapeutic Goods (ARTG) or 
specifically exempt from this requirement. On e exemption is for personal importation of therapeutic 
goods. Under Schedule 5 of the Therapeutic Regulations, an individual may import a therapeutic 
good into Australia on their person, or arrange from within Australia for a therapeutic good to be 
sent to  them from an overseas supplier, subject to the following:  
• the goods are to be used by that individual or a member of his/her immediate family and are 
not sold or supplied to any other person;  
• the quantity imported may not exceed three months' supply per importation and the total 
quantity imported per year cannot exceed 15 months' supply at the manufacturer's 
recommended maximum dosage;  
• substances, which are a prohibited import under the PI Regulations, may not be imported 
without an import permit;  
• products which are injections containing material of human or animal origin (except insulin) 
may not be imported as personal imports, without permission from the Therapeutic Goods 
Administration;  
• products which are "biologicals ", as defined under the Therapeu tic Goods Act , may not be 
imported as personal imports, without permission from the Therapeutic Goods Administration; 
and 
• in order to import any product which is a prescription medicine (substances in Schedules 4 or 
8 of the Standard for the Uniform Sched uling of Medicines and Poisons), the importer must 
have a prescription issued by a medical practitioner registered in an Australian state or 
territory  (Note: medicines carried by a passenger on a plane or ship are an exception to this 
requirement, however,  an import licence is still required in the case of medicines in Schedule 
4 of the PI Regulations if the passenger does not have a prescription).  
Importation of certain substances is prohibited under regulations 5, 5G and 5H of the PI Regulations 
except wi th the permission of the Secretary of the Department of Health  and Aged Care . These 
substances include antibiotics, certain hormones and other substances, including anabolic or 
androgenic substances (included in Schedules 7A of the PI Regulations). Substan ces of human or 
animal origin are not prohibited imports per se . 
Importation of narcotic drugs, psychotropic substances and related chemicals, including kava, is also 
controlled under the PI Regulations. Those controls are described separately in this docu ment, in 
the section entitled "Narcotic Drugs, Psychotropic Substances and Related Chemicals ". 
Purposes and coverage of licensing  
2. Import permits are issued under the PI Regulations both for goods approved for marketing in 
Australia and for "unapproved " goods where supply is considered appropriate (e.g. in the context of 
clinical trials or special patient access). The therapeutic substances/goods covered are:  
• goods to which regulation 5G of the PI Regulations refer, that is, goods, which are, listed in 
Schedule 7A to the Regulations. Schedule 7A currently lists therapeutic goods which are 
mostly, hormones. Exemption applies where:  
o the substance  is required for the medical treatment of a person who is a passenger 
on a ship or aircraft;  
o the substance  is imp orted into Australia on the ship or aircraft;  
o the substance  was prescribed by a medical practitioner for that treatment; and  
o the amount of the substance imported does not exceed the amount of the substance 
prescribed by the medical practitioner for the person receiving the treatment.  G/LIC/N/3/AUS/16  
 
- 64 - 
 
  However, the above exemption does not apply if the goods are required for the medical treatment 
of a person who is an athlete within the meaning of section 4 of the Australian Sports Anti -Doping 
Authorit y Act 2006 ; or a person who has come to Australia for purposes relating to the performance 
of a competitor or the management of a competitor or a competitor's interest.  
3. The regulation applies to the importation of therapeutic goods from all countries.  
4. The controls under the Therapeutic Goods Act safeguard public health in Australia through 
regulation of the quality, safety and efficacy or performance of therapeutic goods intended for supply 
in Australia.  
The controls under the PI Regulations are inten ded to restrict entry to Australia of substances that 
may be the subject of abuse in one form or another or pose a risk to public health such that they 
should not be accessible to the general public via personal import arrangements. The importation of 
antibiotics is regulated as a public health measure. It also allows information on the distribution and 
consumption of antibiotics in Australia to be obtained. Goods listed in Schedules 7A and 8 to the PI 
Regulations are those known to be associated with parti cular hazards or concerns, which warrant 
restriction or prohibition of their use. The PI Regulations are not intended to restrict the quantity or 
volume of imports.  
5. The controls on importation of therapeutic goods are statutory requirements under the 
Therapeutic Goods Act , and Therapeutic  Regulations, and under the Customs Act 1901 , and 
associated PI Regulations. The system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Application for importation should be made in  advance of the arrival of the goods. In certain 
circumstances, import permission can be given for goods which have inadvertently arrived at 
the point of entry.  
(b) Permits may be issued immediately if a genuine emergency exists.  
(c) Permits may be issued at any period of the year.  
(d) Applications for import permits under regulations 5, 5G and 5H of the PI Regulations are 
processed and issued within the Department of Health  and Aged Care . 
8.  If an import permit under regulations 5, 5G or 5H of the PI Regu lations is refused, the applicant 
is notified in writing of the reasons for refusal. A request for review of the refusal can be made to 
the Australian Government Minister who administers the Therapeutic Goods Act , within 90 days after 
the decision first co mes into the importer's notice. In the case of the applicant being dissatisfied with 
the Minister's finding, an application for a review of the Minister's decision can be made to the 
Administrative Appeals Tribunal. In addition, an appeal may be made on th e decision -making process 
itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import provi ded they 
are domiciled in Australia. They must also comply with any state/territory  legislation relating 
to manufacture and wholesale.  
Documentation and other requirements for application for licence  
10. For permission to import goods specified in Schedule  8 (Regulation 5H of the PI Regulations) the 
written application must include:  G/LIC/N/3/AUS/16  
 
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  • importer's name and address;  
• full details of the product proposed for import;  
• supervising doctor's prescription, if applicable;  
• state/territory  Schedule 4 (prescription only med icine) licence number (if applicable);  and 
• depending on the nature of the goods and the intended purposes, further documentation or 
evidence may be required.  
11. Import authorisation is usually issued in the form of a permit but may be by letter of authority.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licences.  
Conditions of licensing  
14. Import permits may apply to one consignment only or remain valid for successive consignments 
within a stated period (usually one year).  
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Permits are not transferable between importers.  
17. Permits issued for substances in Sche dules 7A and Schedule  8 of the PI Regulations are subject 
to individual quantitative restrictions. However, there is no annual quota or annual quantitative 
restrictions applicable to these goods required under the legislation or under an international 
agreement.  
The quantitative restriction applies to individual importers as a condition of the import permit and is 
based on established need and end use.  
Import permits may also cite such matters as:  
• compliance with other state, territory  and Commonwealth laws ; 
• the subsequent use of the therapeutic good ; 
• the custody, use, disposal or distribution of the imported goods ; 
• the keeping of records relating to the imported goods ; and/or  
• a time restriction within which the importation must occur.  
Other procedural requi rements  
18. Importers of therapeutic goods for commercial supply should familiarise themselves with the 
requirements of the Therapeutic Goods Act in relation to the importation of therapeutic goods for 
supply in Australia. Further information is available at http://www.tga.gov.au/ . 
19. Not applicable.  
28  TOBACCO  PRODUCTS  
Outline of System  
1. The importation of tobacco products is prohibited under provisions of the Customs Act 1901 
(Customs Act) and regulation 4DA of the Customs (Prohibited Imports) Regulations 1956  (PI 
Regulations) unless specific permission of the Minister, or an authorise d person, has been granted.  
Purposes and coverage of licensing  
2. The prohibition applies to all tobacco products (as defined by the Customs Act ): 
• tobacco of a kind specified in regulation 4D of the PI Regulations;  
• chewing tobacco and snuffs intended for oral use;  G/LIC/N/3/AUS/16  
 
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  • cigars;  
• tobacco products:  
o that are prescribed by by -law for the purposes of item 15 of Schedule 4 to the Customs 
Tariff Act 1995;  
o that are imported by passengers, or members of the crew, of ships or aircraft; and  
o on which duty is n ot payable.  
3. A generic import approval by the Minister for Home Affairs exists for cigars in any quantity and  
chewing tobacco; snuffs intended for oral use weighing 1.5kg or less . 
4. The PI Regulations are not intended to restrict the quantity or volume  of imports. The importation 
of tobacco products is regulated to reduce the trade in illicit tobacco and to further protect the public 
health.  
5. The control on the specified goods is a statutory requirement under Regulation 4DA of the PI 
Regulations made under the Customs Act . The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a) The Australian Border Force (ABF) standard for issuing permissions is 28  days from receipt of 
all required information.  
(b) Licences cannot be granted immediately on request.  
(c) There are no limitations as to the period of the year during which an application for a tobacco 
import permission may be made.  
(d) The application for a tobacco import permission is considered in its entirety by the ABF. 
However, the ABF may contact external agencies to obtain relevant information in considering 
a permit application.  
8. In considering whether to grant a permission, t he Minister for home Affairs or authorised person 
may consider any relevant matter. The Minister for Home Affairs or authorised person may grant a 
permission subject to conditions or requirements, specified in the permission, that are to be complied 
with b y the holder of the permission. Where a permit is refused, the applicant will be advised in 
writing of the decision and the reasoning behind the decision.  
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to  apply for a tobacco import permission. However, 
an applicant must have a valid Australian Business Number (issued by the ATO) or an ABF Customer 
Reference Number (CRN) prior to submitting an application for a tobacco import permission.  
Documentation and o ther requirements for application for licence  
10. An application for a tobacco import permission must be made in writing to the ABF. Application 
forms can be found at: www.abf.gov.au/tobacco .  
As part of the application process, applicants are also required to supply the following information:  
• name, address, ABN/CRN and other contact details ; 
• details of the type of tobacco product to be imported ; and 
• the intended use for the impo rted tobacco products (i.e., personal or commercial).  
The Minister  for Home Affairs  or authorised person may seek additional information to the above 
should it be deemed necessary to make an informed decision on an importer 's application.  G/LIC/N/3/AUS/16  
 
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  11. The ABF may require the original permission from the Minister for Home Affairs or authorised 
person to be produced upon importation in addition to the normal importation documentation 
required by the Department of Home Affairs.  
12. There are no fees as sociated with applying for or obtaining the permission.  
13. There is no deposit or advance payment requirement associated with the issuance of tobacco 
import permissions.  
Conditions of licensing  
14. The validity period for a tobacco import permit is at th e discretion of the Minister for Home Affairs 
or authorised person, having regard to all relevant information relating to the applicant.  
15. There is no penalty for the non -utilisation of a tobacco import permission.  
16. Tobacco import permissions are not  transferrable.  
17. The Minister for Home Affairs or authorised person may grant a permission subject to conditions 
or requirements, specified in the permission, that are to be complied with by the holder of the 
permission.  
Other procedural requirements  
18. There are no other administrative producers, apart from the requirement to obtain a permission, 
required prior to importation.  
19. Not applicable.  
Links to legislation:  
 
• Customs Act 1901 ; 
• Customs (Prohibited Imports) Regulations 1956 ; 
• Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019 ; and  
• Customs Tariff Act 1995 . 
 
29  UNMANUFACTURED TOBACCO LEAF  
Outline of System  
1. The importation of unmanufactured tobacco leaf is prohibited under provisions of the Customs 
Act 1901 (Customs Act) and the Customs (Prohibited Imp orts) Regulations 1956 (PI Regulations) 
unless the permission of the Commissioner of Taxation  (Commissioner) , or an authorised person, 
has been obtained. Permission from the Commissioner requires an Excise licence to manufacture 
tobacco or a licence to deal in tobacco products, granted under the Excise Act 1901 (Excise Act). 
In addition, the site where imported tobacco leaf is to be dealt with must be licensed under the 
Customs Act.  
Purposes and coverage of licensing  
2. The goods covered include tobacco that is not stemmed or stripped and includes whole tobacco 
plants or leaves in the natural state, or as cured o r fermented leaves. Licensed tobacco 
manufacturers and dealers who also hold a permission to import unmanufactured tobacco leaf 
(permission) are able to import these goods as an input to manufacture or more generally deal in 
tobacco seed, plant or leaf.  
3. The system applies to unmanufactured tobacco leaf originating from all countries.  G/LIC/N/3/AUS/16  
 
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  4.  The PI Regulations are not intended to restrict the quantity or volume of imports. The importation 
of unmanufactured tobacco leaf is regulated to limit access to those l icensed as manufacturers or 
dealers and therefore reduce illicit production.  
5. The control on the specified goods is a statutory requirement under Regulation 4D of the PI 
Regulations made under the Customs Act . The control cannot be abolished without legi slative 
approval.  
An Excise licence for tobacco is a legislative requirement under Sections 25 (Manufacturers) and 33 
(Dealers) of the Excise Act. There is no administrative discretion – manufacturers or dealers in 
tobacco leaf must be licensed under the E xcise Act. The control cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a) The Australian Taxation Office ( ATO) standard for issuing manufacturer licences, dealers' 
licences or permissions is 28  days from receipt of all required information.  
(b) No. 
(c) No. 
(d) Yes, the application for an Excise licence and a permission is considered in its entirety by the 
ATO. Fr om 1 July 2010, the ATO took over the administration of excise equivalent goods 
(EEGs) under delegation from the Department of Home Affairs.  
8. Failure to meet the ordinary criteria, as described in sections 39, 39A, 39B & 39C of the Excise 
Act, are groun ds for refusing to grant a manufacturer or dealer licence. These grounds include where 
the applicant is not deemed fit and proper, the applicant does not have the skills and experience to 
carry out the activity, or the applicant does not have a market for the goods.  When a licence is 
refused, the applicant is provided with reasons for the decision in writing. Applicants have a right to 
object under section 39Q of the Excise Act.  
Regulation 4D of the PI Regulations states that consideration must be given to  the applicant's 
compliance with the Excise Act and any other relevant matters when assessing a permission to 
import unmanufactured tobacco leaf. The same regulation allows a person who is dissatisfied with a 
decision to object to it in the manner set out in Part IVC of the Taxation Administration Act 1953 . 
Eligibility of importers to apply for licence  
9. No. Importers c annot apply for a customs licence to warehouse tobacco products.  
Documentation and other requirements for application for licence  
10. An application for a licence to manufacture  or deal in  tobacco must be made in writing to the 
ATO. Information can be found at:  Tobacco licence processes and obligations  | Australian Taxation 
Office (ato.gov.au)  
If an applicant is applying fo r the first time, that applicant will be required to complete a Consent to 
a Criminal Record History Check and a Declaration of criminal history.  
Applicants are also required to supply the following information:  
• name, address, ABN and other contact details ; 
• details of the premises where the activity will occur including certified copies of the floor plan 
of the proposed licence site;  
• supplier's name and address;  and 
• quantity of product.  G/LIC/N/3/AUS/16  
 
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  Finally, during the review process the applicant may be required to sen d additional documents in 
support of their claims - for example, a business plan, evidence of a market, details of security 
arrangements or insurance policy details.  
There is no specified application form for the import permission, although a written appli cation must 
be lodged providing the Commissioner with any information they may reasonabl y require to make 
their decision.  
11. The original permission from the Commissioner or authorised person must be produced upon 
importation in addition to the normal imp ortation documentation required by the Department of 
Home Affairs.  
12. There are no fees associated with the Excise licences or the permission.  
13. No.  
Conditions of licensing  
14. A licence to manufacture or deal in tobacco is valid for three years and must be renewed before 
the end of the three -year period. The validity of a licence can be extended if it is approved for 
renewal by the ATO. The associated permission is valid for the same period as the licence although, 
rather than being renewed, it must be re-issued. This is an administrative requirement only.  
15. No.  
16. Excise manufacturer  or dealer  licences are not transferable. Although the ATO licenses the site, 
the licence cannot be transferred and any change in ownership would require a new licence  
application. The permission also is not transferable.  
17.(a)Not applicable.  
(b) Section 39D of the Excise Act allow s the ATO to apply conditions to a licence to protect the 
revenue or to facilitate compliance with the relevant Act. There are no limitation s on the 
conditions that can be applied on a permission under the PI Regulations.   
Other procedural requirements  
18. No.  
19. Not applicable.  
Links to legislation:  
 
• Excise Act 1901 ; 
• Customs Act 1901 ; 
• Customs (Prohibited Imports) Regulations 1956 ; and  
• Taxation Administration Act 1953 . 
30  VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES  
Outline of System  
1. Section 23C of the  Prohibition of Human Cloning for Reproduction Act 2002 (Prohibition of Human 
Cloning for Reproduction Act ) required the Minister who administers the Customs Act  1901 (Customs 
Act) to make regulations "permitting, subject to appropriate conditions or restrictions, the import 
and export of human embryonic stem cell lines which have been derived from human embryo clones 
using practices consistent with Australian legislation. " 
The relevant regulation is regulation 5L of the Customs (Prohibited Imports) Regulations 1956  (PI 
Regulations) . The PI Regulations prohibit the import of viable material derived from human embryo G/LIC/N/3/AUS/16  
 
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  clones unless the Minister administ ering the Prohibition of Human Cloning for Reproduction Act , or 
an authorised person has granted permission in writing and the permission is produced at or before 
the time of import.  
Although the first embryonic stem cell lines from human embryo clones wer e reported in May 2013, 
a request for permission to import such material has not yet been made. Details of the permit system 
will be developed as required and prospective importers can contact the National Health and Medical 
Research Council (NHMRC) for in formation.  
Purposes and coverage of licensing  
2. The permit system relates to the import or export of viable material derived from human embryo 
clones and is necessary to give effect to the legislative requirements of the Prohibition of Human 
Cloning for R eproduction Act  and the related Research Involving Human Embryos Act 2002 . Viable 
material means living tissues and cells.  
3. The system applies to any viable material derived from human embryo clones originating in 
Australia or coming from other countries . 
4. The Prohibition of Human Cloning for Reproduction Act  is intended to prohibit the import or export 
of viable material derived from human embryo clones unless the Minister or an authorised person 
has granted permission.  
5. The relevant legislation is cited above at question 1.  
Obtaining a permit under the legislation is a statutory requirement in all circumstances. All materials 
covered by the definition of ‘viable material ' derived from a "human embryo clone " will require a 
permit. This  is not subject to administrative discretion. The system cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  An application for a licence should be made well in advance of the proposed import or export. 
As the details of the system have not been finalised it is not possible to provide specific 
information. However, the time taken to consider an application for a licence will vary 
depending on the circumstances of the import or export and the completeness of information 
provided.  
(b) It is unlikely that immediate granting of a permit will be possible given the information 
required and the time needed to assess it.  
(c) No. 
(d) The NHMRC will have responsibility for administering the permit system and will provide advice 
to the Department of  Home Affairs on any permits issued.  
8. An application that meets the criteria will be granted a permit. Where an application is refused, 
reasons are provided , and applicants have a right of appeal to the Administrative Appeals Tribunal. 
In addition, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Yes. However, a person or organisation seeking an import permit must satisfy the Authorised 
Person specified in the regulations that they are capable of complying with any conditions 
attaching to the permit.  G/LIC/N/3/AUS/16  
 
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  In relation to persons or organisations applying for an export permit it is expected that only 
the person or organisation that derived the viable material in Australia would be eligible to 
apply. Such persons or organisations would need to hold a licence issued under the Research 
Involving Human Embryos Act 2002 authorising the creation of the human embryo clone and 
derivation of viable material from it.  
Documentation and other requirements for application for licence  
10. As noted above the details of the permit system have not been finalised. However, the importer 
or exporter will be required t o demonstrate that the viable material has been obtained using practices 
consistent with Australian legislation. This will include providing evidence that the viable material 
has been derived or obtained legally and ethically. Information and application f orms will be available 
from the NHMRC website ( http://www.nhmrc.gov.au ). 
11. An approval under the legislation, such as a permit, must be obtained prior to import or export 
and is  required to be produced at the time of import or export.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of permits.  
Conditions of licensing  
14. The period of validit y of a permit will be the period set out in the permit. Details are not yet 
available.  
15. No.  
16. Given the requirements for obtaining the permit, it is unlikely that the system will allow for 
transfer of permits between importers or exporters.  
17. The re gulations allow for conditions to be attached to permits. The details of such conditions 
have not yet been finalised. Failure to comply with the conditions can lead to revocation of the 
permit.  
Other procedural requirements  
18. Customs and quarantine controls may be relevant.  
19. Not applicable.  
31  WEAPONS AND CROWD CONTROL GOODS  
Outline of System  
1. The importation of weapons including, daggers, crowd control goods and laser pointers are 
regulated by the Customs Act 1901  (Customs Act)  and the Customs (Prohibited Imports) Regulations 
1956 (PI Regulations).  
Purposes and coverage of licensing  
2. The goods covered are weapons, crowd control goods and laser pointers as specified at 
Schedule  13 of the PI Regulations, and firearms, firearm accessories , firearm parts, firearms 
magazines, ammunition, components of ammunition and imitation firearms as specified in 
Schedule  6 of the PI Regulations.  
The importation of goods specified in Schedule 13 of the  PI Regulations is prohibited unless the 
written permission of the Minister for Home Affairs, or an authorised person, is granted. Permission 
to import Schedule 13 of the PI Regulations weapons may be granted on the basis that certain 
conditions or requiremen ts are met, such as the goods will only be supplied to law enforcement G/LIC/N/3/AUS/16  
 
- 72 - 
 
  agencies and the importer holds the appropriate state or territory licence to possess the goods. 
Applications for permission to import Schedule 13 weapons are processed through the Aust ralian 
Border Force (ABF). Some goods specified in Schedule 13 may be imported with certification from 
the police in the state or territory of residence.  
The importation of goods specified in Schedule 6 of the PI Regulations is prohibited unless the 
condit ions, restrictions or requirements specified are complied with and the written permission of 
the relevant authority is granted. Applications for the import of firearms and firearm -related articles 
are processed either by the Attorney General 's Department (where import permission can be granted 
by the relevant Commonwealth Minister or their delegate) or the relevant state or territory  policing 
agency. Generally , firearms and firearm -related articles falling to lesser import controls can be 
imported with poli ce certification, while the more highly controlled items require a Commonwealth 
(Attorney -General 's Department ) import permit.  
3. The regulations apply to importations from all countries , except in relation to goods relating to 
defence forces of certain ov erseas countries listed under Regulation 3A to the PI Regulations.  
 
4. The PI Regulations are not intended to restrict the quantity or volume of imports. Importers must 
specify the quantity of goods when seeking to apply for single import permission. Ongoi ng permits 
can be issued for Schedule 13 goods for projects requiring multiple shipments of goods over a 
specified period of time.  
Controls on importation have been introduced as a community protection measure. The monetary 
value is not a criterion for co ntrol.  
5. The control on importation of the specified goods is a statutory requirement under the PI 
Regulations made under the Customs Act . The system cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.    
7.(a) Application must be made in advance of arrival of the goods.  
(b) Applications for permission to import can be processed immediately provided all information 
is available and the application is considered to be urgent. Permission itself cannot be granted 
immediately, as the  decision -maker must consider whether the importation meets the 
requirements specified in the Regulations before giving written permission.  
(c) Permits may be issued at any period of the year.  
(d) Where the Commonwealth is the relevant authority for issuin g an import permit, the Minister 
or their delegate may also require state or territory approval for the possession and sale of 
the goods. Applications for import permits required under Schedule 13 are processed by the 
ABF or the relevant state or territory  Police where appropriate. Applications for import permits 
required under Schedule 6 are processed by the Attorney -General 's Department , or the 
relevant state or territory  policing where appropriate.  
8. Application for permission to import can be refused at the discretion of the relevant Minister, (or 
their delegate) or police representative. Reasons for refusal are given to applicants. Applicants 
refused permission to import may appeal the decision -makin g process under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply.  G/LIC/N/3/AUS/16  
 
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  Documentation and other requirements for application for licence  
10. Applications must be made in writing to the relevant authority. The application must include 
supporting documentation showing the importation complies with the relevant conditions, 
restrictions or requirements specified. This generally includes confirmatio n that the goods can be 
possessed or sold in the relevant state or territory . 
The application form for Schedule 13 goods can be found at: https://www.abf.gov.au/form -
listing/forms/b710.pdf . 
The application form for Schedule 6 goods can be found on the Attorney General 's Department 
website at: https://firearms.ag.gov.au.  
 
Importers must contact their state or territory police firearms registry when importing items under 
police certification.  
11. A copy of the permission from the relevant authority is required upon importation.  
There is no licensing fee for applying to the Attorney -General 's Department  for an import permit. 
There is similarly no charge when an import application is subsequently approved or denied.  
12. The relevant authority that grants import permission may speci fy a time period for the validity 
of the permission.  
13. There is no penalty for the non -utilisation of an import permit.  
Conditions of licensing  
14. Permits and licence s are not transferable between importers.  
15. Conditions may be imposed on the import p ermit, and exact quantities subject to the import are 
specified.  
16. No.  
17. The importation of a weapon or weapon part is also subject to the conditions (if any), set out in 
Part 3 of Schedule 13.  Similarly, the importation of a firearm or firearm -related  article is also subject 
to the conditions (if any), set out in Part 3 of Schedule 6.  
Other procedural requirements  
18. No.   
19. Not applicable.  
32  WOOLPACKS  
Outline of System  
1. The importation of woolpacks is prohibited under regulation 4K of the Customs (Prohibited 
Imports) Regulations 1956  (PI Regulations),  unless an original test certificate has been issued or 
permission has been granted.  
To import woolpa cks, an importer needs either:  
• an original test certificate stating that the unused woolpack conforms to the Australian Wool 
Exchange Standard as described in the PI Regulations; or  
• permission granted by the relevant Minister  or an authorised person.  G/LIC/N/3/AUS/16  
 
- 74 - 
 
  A valid test certificate or permission to import must be produced to the Australian Border Force 
(ABF) at the time of importation.  
Regulation 4K(3) describes the relevant standard that woolpacks must conform to as the Australian 
Wool Exchange Standard No. 3, published on 1 July 2013.  
There are currently five woolpack prescribed testing authorities , which were approved for the 
purpo ses of the regulation in 2014.  
Purposes and coverage of licensing  
2. Unused woolpacks to be used for greasy wool require a test certificate issued by a prescribed 
testing authority, certifying that the woolpacks conform to Australian Wool Exchange (AWEX) 
standard No. 3. 
Unused woolpacks to be used for purposes other than greasy wool, require an import permission 
from the Minister for Agriculture , Fisheries and Forestry  or an authorised person. Import conditions 
(conditions of use) may be applied to these woolpacks.  
Second -hand woolpacks require an import permission from the relevant Minister  or an authorised 
person. The importation of second -hand woolpacks for use as co ntainers of greasy wool is not 
permitted. Conditions of use (see 17) may be applied to second -hand woolpacks.  
3. The regulations apply to the importation of woolpacks from all countries.  
4. The importation of woolpacks is regulated to ensure adequate pack strength and to minimise fibre 
contamination of the Australian wool clip. Regulation 4K of the PI Regulations is not intended to 
restrict the quantity or volume of woolpack imports.  
5. The control on importation of woolpacks is a statutory requirement unde r Regulation 4K of the PI 
Regulations , made under the Customs Act 1901  (Customs Act) .  
The designation of products to be subjected to licensing under this framework does not allow 
administrative discretion: woolpacks are a prohibited good that cannot be imported without 
permission.   
The system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Applications should be made i n advance of arrival of the goods. This does not preclude import 
permission being sought for goods which have inadvertently arrived at a point of entry.  
(b) Permits may be issued promptly if a genuine requirement exists.  
(c) Permits may be issued at any pe riod of the year.  
(d) Importers only need to approach the Department of Agriculture , Fisheries and Forestry (DAFF) 
to seek consideration of their application to import woolpacks. DAFF and the Minister for 
Agriculture , Fisheries and Forestry are the only en tities that consider applications for 
permission to import woolpacks.  
Where relevant (i.e., for unused woolpacks intended to store greasy wool), importers may 
separately need to seek an original test certificate from an Australian or international 
prescri bed testing authority, to certify that the woolpacks conform to Australian Wool 
Exchange (AWEX) standard No. 3. G/LIC/N/3/AUS/16  
 
- 75 - 
 
  8. Application for permission to import can be refused at the discretion of the Minister for Agriculture , 
Fisheries and Forestry  or an authorised person, if the ordinary criteria are not met. There is no right 
of appeal against the Minister's (or authorised person's) decision. However, an appeal may be made 
on the decision -making process itself under the Administrative Decisions (Judi cial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. Applications for permission to import woolpacks should be made in writing to DAFF. 
The application  should include the following information:  
• manufacturer ; 
• product name ; 
• number/pieces ; 
• use; 
• AWEX certificate ; 
• importer name and details ; 
• vessel; 
• place of loadi ng; 
• bill of lading number ; 
• place of arrival ; and  
• date of arrival.  
11. Proof of authorisation or a Test Certificate is required on importation. A valid test certificate or 
permission to import must be produced to the ABF at the time of importation.  
12. Ther e is no licensing fee or administrative charge. DAFF does not impose a licensing fee or 
administrative charge for considering applications for permission to import woolpacks.  
13. Not applicable. DAFF does not impose a licensing fee or administrative charge for considering 
applications for permission to import woolpacks.  
Conditions of licensing  
14. Permission to import woolpacks is considered and granted per consignment.  
15. There is no penalty for the  non-utilisation of a licen ce or a portion of a licen ce. The Customs Act 
(see s50(4)) imposes a penalty of 100 penalty units where a person's conduct contravenes the 
conditions or requirements of a permit issued to them. This is considered an offence again st the Act 
and is subject to the Criminal Code  Act 1995 . 
16. Permission to import woolpacks is not transferable between importers.  
17. Conditions may be applied regarding the custody, use, disposal or destruction of the imported 
woolpacks for the purpose o f ensuring that they are not used otherwise than for the purpose for 
which the permission is granted.  
Other procedural requirements  
18. No.  
19. Not applicable.  G/LIC/N/3/AUS/16  
 
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  33  ELEMENTAL MERCURY  
Outline of System  
1. The importation of elemental mercury as per the definition under Sub regulation  2(1) of the 
Customs (Prohibited Imports) Regulations 1956  (PI Regulations) , is prohibited under Regulation 4AC 
of the PI Regulations unless permission has been granted.  
Import of mercury is also prohibited without approval under the following legislation. Permission to 
import mercury may be granted under the relevant legislation by the relevant Minister or authorised 
officer, if it meets the requirements under Article 3 of the Minamata Convention on Mercury  
(Minamata Convention) .  
• Agricultural and Veterinary Chemicals (Administration) Regulations 1995  – for agricultural 
chemicals and veterinary medicines.  
• Industrial Chemica ls (General) Rules 2019  – for industrial chemicals.  
• Therapeutic Goods Regulations 1990  – for therapeutic chemicals and goods, where the 
mercury is for use as an ingredient or component in the manufacture of a therapeutic good, 
e.g. dental amalgam.  
Importer s are responsible for ensuring that permit requirements and any applicable exemptions are 
met before importation.  A valid permit or exemption to import mercury must be produced to the 
Australian Border Force  (ABF)  at the time of importation.  
Purposes and c overage of licensing  
2. Mercury is a highly toxic heavy metal that can have harmful effects on people, ecosystems, and 
wildlife. Australia is a party to the Minamata Convention , which aims to protect human health and 
the environment from the adverse effect s of the anthropogenic releases of mercury and mercury 
compounds , in part by restricting the manufacture, trade and use of mercury at a global level.  The 
Minamata Convention is named after "Minamata disease, " which occurred in Japan during the mid -
20th century. Mercury -tainted industrial wastewater released into Minamata Bay poisoned thousands 
of people, with crippling, irreversible effects.  
The Minamata Convention aims to control and reduce mercury across a r ange of products, processes 
and industries. This includes mercury mining, manufacture and trade of mercury products containing 
mercury, disposal of mercury waste and mercury emissions from industrial facilities.  
3. The control applies to non -parties to th e Minamata Convention. Parties to the Minamata 
Convention are required to seek written prior import consent from the importing country 's Minamata 
Convention Authority – which is a separate process to the above border control. Parties to the 
Minamata Conven tion may still be required to show their written import consent to the ABF. 
4. The importation prohibition of mercury is not intended to restrict the quantity or value of the 
imports. The controls are in place as Australia 's measures to implement the oblig ations of the 
Minamata Convention.  
5. The control on importation of mercury is a statutory requirement under the following legislation :  
• PI Regulations  Agricultural and Veterinary Chemicals (Administration) Regulations 1995 ; 
• Industrial Chemicals (General)  Rules 2019 ; and  
• Therapeutic Goods Regulations 1990 . 
The system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable .  G/LIC/N/3/AUS/16  
 
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  7.(a) Measures for mercury with industrial uses apply to the import of mercury from non -Parties 
and export of mercury for industrial uses. Mercury refers to elemental mercury and mixtures 
of mercury (including alloys of mercury) with a mercury concentration of a t least 95% by 
weight for an industrial purpose. Excluded from this is mercury used for laboratory -scale 
research or as a reference standard, naturally occurring trace quantities in metals, ores or 
mineral products and subsequently derived products, and un intentional trace quantities in 
chemical products. Permission is required under the Australian Industrial Chemicals 
Introduction Scheme  (AICIS ) for the importation of mercury for industrial uses, before 
introduction from countries that are not Party to the  Minamata Convention.  
(b) There are no statutory timeframes in which to consider applications for the import of mercury 
for industrial uses.  
(c) Licensing to import mercury as an industrial chemical may be issued throughout the year.  
(d) Permits can be is sued by one of the following regulatory agencies, depending on the purpose 
and use of the mercury : 
• AICIS , Department of Health  and Aged Care  (DoHAC)  – industrial purposes ; 
• Therapeutic Goods Administration, DoHAC – therapeutic purposes ; and  
• Australian Pesticides and Veterinary Medicines Authority and Department of Agriculture, 
Fisheries and Forestry – agriculture and veterinary purposes . 
8. If approval is not granted for the import of mercury for industrial uses a person whose interests 
are affected may request the Executive Director to reconsider the decision. An application may be 
made to the Administrative Appeals Tribunal for a review of a reconsidered decision.  
Eligibility of importers to apply for licence  
9.(a) Every person who introduce s mercury as an industrial chemical in Australia must be registered 
with AICIS. Registration is required for anyone who introduces (manufactures or imports) 
industrial chemicals.  
(b) N/A. 
 
Documentation and other requirements for application for licence  
10. Applications for permission to import mercury as an industrial chemical should be through the 
AICIS website ( AICIS Business Services interface ). The application should include the following 
information:  
 
• If importing from a non -Party to the Minamata  Convention  certification should be provided  
from the exporting country that the mercury was not sourced from primary mercury mining 
or excess mercury from the decommissioning  of chlor -alkali facilities. These requirements are 
set out in Article 3 paragraphs 3 and 5(b) of the Minamata Convention.  
• Supply a copy of the importing party 's written consent to import the mercury or mercury -
containing chemical (upload with your application form) . 
• Supplier  and importer contact details, including an ABN (if applicable) . 
• AICIS registration number (if applicable) . 
• Common name and trade name of the mercury -containing chemical . 
• The intended use of the mercury or mercury -containing chemical. Under the Minamata 
Convention, mercury  can only  be import ed into Australia for environmentally sound interim 
storage or an allo wed use.  The application, must specify  if the purpose is interim storage or 
industrial use.   
o If for interim storage, a description of  the intended storage for the mercury, including 
the facility address and relevant controls  is required . 
o If for industrial use, a description of  the intended industrial use is  required . 
• Approximate date of importation . 
• Quantity to be imported . 
• Container si ze. G/LIC/N/3/AUS/16  
 
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  Approval  from AICIS is not required  to import mercury from a country  that is a party  to the Minamata 
Convention. The exporting country's government must seek written consent from the  Department 
of Climate Change , Energy, the Environment and Water . 
 
11. The written permission of the relevant Minister or authorised officer is required to be produced 
to the ABF prior to or on import . 
 
12. There is no fee for the import of mercury for industrial use.  
13. There are no fees for any Minamata Convention import applications.  
Conditions of licensing  
14. Approval to import mercury as an industrial chemical is for a single consignment. Separate 
approval must be gained for further im port. 
 
15. There is no penalty for not utilising permission to import mercury for industrial use.  
 
16. Approval to import mercury as an industrial chemical is not transferable between importers.  
 
17. N/A. 
 
Other procedural requirements  
18. There are no oth er procedural requirements for the import of mercury as an industrial chemical.  
 
19. N/A. 
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